Search Results

1. Barcello-Gemmell - Gore Blocks XVII and XIX Sec 90B2 (2001) 95 South Island MB 36 (95 SI 36) [pdf, 4.8 MB]

   ...Barcello an occupation order over an area of 1000m2 adjacent to the only other dwelling on the block. This is a house referred to by the Anatohia owners as "the Homestead" or "the Love Whanau House". I shall refer to it in this judgment as the Homestead. This house has been occupied for some time by Georgina Love. On the other side of the Homestead is the site on which Sharon sought to build her house. The Court granted her an order over 1000m2 adjacent to the stream t...

2. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

   ...BETWEEN DAVID MCALISTER Plaintiff AND AIR NEW ZEALAND LTD Defendant Hearing: 20, 21, 22 and 23 February 2006 (Heard at Auckland) Appearances: Rodney Harrison QC, Counsel for the Plaintiff Kevin Thompson, Counsel for the Defendant Judgment: 24 November 2006 JUDGMENT OF JUDGE C M SHAW [1] This case is about whether Air New Zealand’s policy preventing a person who has reached the age of 60 from holding a position of pilot in charge on certain aircraft is discri...

3. Trustees of Oparau No 1 Block Trust - Oparau No 1 and Pirongia West 1 2B3D (2004) 109 Waikato MB 300 (109 W 300) [pdf, 1.7 MB]

   ...Court found that compensation was payable the parties would be agreeable to the Court giving directions that a further valuation report be obtained from an independent valuer. with the valuation to be carried out on the principles set out in this judgment. Submissions for the Applicant Access to Tiritiri The Respondent did not oppose the making of an order under Section 3268 of Te Ture Whenua Maori Act 1993, so that submissions for the parties on this application related primar...

4. Form 34 Judgment on Trial by Judge [docx, 52 KB]

   [bookmark: _GoBack]Guidance on Using the Judgment on Trial by Judge Template (Form 34 of the District Court Rules 2014) About the judgment on trial by judge [bookmark: Purpose]Use this form if you have had a: · trial and the judge has issued his or her decision · formal proof hearing for a judgment by default on a unliquidated demand (please modify the form as required if using it for a judgment by default determined by a formal proof hearing) For the court’s order to be enforced, you must...

5. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...26 and 27 July 2017 (heard at Auckland) Appearances: K Wendt, counsel for the plaintiff, abiding the decision of the Court Ms Meechan QC and J Douglas, counsel for first defendant N Scampion, counsel for third defendant Judgment: 4 August 2017 INTERLOCUTORY JUDGMENT (NO 23) OF JUDGE B A CORKILL Introduction [1] Before the Court are three applications. Two have been filed by the third defendant, Mr Terry Hay. He seeks an order fo...

6. [2017] NZEnvC 174 New Zealand Transport Agency v Marlborough District Council [pdf, 13 MB]

   ...When designing a new section of road, he considered adopting minimum standards is often not appropriate and also in some cases designing to the "acceptable" standards does not always provide a safe road environment. He said professional judgement and experience is an important factor in determining the design of roads. [88] Mr Aldridge gave evidence that the stretch of State Highway 1 adjacent to the proposal is arguably of a lower level design standard than what would be...

7. Theobald v Coulter [pdf, 170 KB]

   ...house, rather than have a patched-up job. 6.12 The issue of betterment is often raised in building disputes and WHRS adjudications. The arguments from both sides are often finely balanced, and I believe have been excellently outlined in the judgment of Fisher J in J & B Caldwell Ltd v Logan House Retirement Home Ltd [1999] 2 NZLR 99. After covering the authorities, he concluded on page 108: I accept the logic of an approach which makes a deduction for betterment only aft...

8. Smiler v Peters - Estate of Hani Ihimaera or Hani Smiler (2008) 185 Gisborne MB 20 (185 GIS 20) [pdf, 1.4 MB]

   185 Gisborne MB 20 IN THE MAORI LAND COURT OF NEW ZEALAND T AIM WHITI DISTRICT Hearing: Judgment: Introduction A20070012435 UNDER Sections 113 & 117, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Hani Ihimaera (also known as) Hani Smi1er - Succession BETWEEN HIRINI SMILER Applicant AND SHERYL PETERS (nee SMILER) Respondent 176 Gisborne MB 176-178 dated 7 February 2008 176 Gisborne MB 259 dated 20 February 2008 131 Waikato MB 52-59 dated 5 May 2008 183 Gisborne...

9. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...Lost wages are sought under s 128(2). The company submits that no relief for lost wages should be granted because Ms Robinson has failed to establish any loss, and has failed to establish that she took steps to mitigate her losses. The Court’s judgments in Allen v Transpacific Industries Group Ltd and Radius Residential Care Ltd v McLeay were cited in support of the proposition that the onus is on an employee to establish, by way of detailed evidence, the steps taken to obtain alt...

10. [2025] NZEmpC 142  Bread of Life Christian Church in Auckland v Chen [pdf, 148 KB]

    ...HUANG Third Defendant AND JIANAN (NANCY) ZHANG Fourth Defendant Hearing: On the papers Appearances: G Pollak, counsel for Bread of Life Christian Church in Auckland S Greening, counsel for Xi Chen Judgment: 14 July 2025 COSTS JUDGMENT OF JUDGE KATHRYN BECK [1] This judgment deals with Xi Chen’s application for costs following the Court’s judgment issued on 4 April 2025,1 which determined that the Bread of Life Christian...