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  1. Matchitt - Te Kaha 65 (2019) 215 Waiariki MB 204 (215 WAR 204) [pdf, 299 KB]

    ...EDWARD MATCHITT Applicant A20130008237 UNDER IN THE MATTER OF BETWEEN Section 289, Te Ture Whenua Māori Act 1993 Te Kaha 65 Block PARATENE MATCHITT Applicant Hearing: On the papers Judgment: 27 June 2019 JUDGMENT OF JUDGE C T COXHEAD Copies to: J Koning, P O Box 5, Te Puke 3153 215 Waiariki MB 205 Tēnā tātou i ō tātou aituā maha e ngapu nei te whe...

  2. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

    ...JONAS Plaintiff AND MENEFY TRUCKING LIMITED Defendant Hearing: 3 and 4 September 2013 (heard at Wellington) Appearances: Caroline Rieger, counsel for the plaintiff Ray Parmenter, counsel for the defendant Judgment: 14 November 2013 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff, Mr Darren Jonas, is a truck driver by occupation. He had spent approximately twenty years in the industry before taking up employment with...

  3. LCRO 211/2020 BU - Application for review of a prosecutorial decision (30 July 2021) [pdf, 233 KB]

    ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [28] More recently, the High Court has described a review by this Office in the following way:5 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

  4. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

    ...well-established requirement that they seek signatures of all registered owners, or express written authority that someone else can sign. [36] She referred to the decisions of Complaints Assessment Committees in Ledger,16 and Beaufill,17 and the judgment of his Honour Justice Lang in Robinson v Real Estate Agents Authority allowing an appeal from a decision of the Tribunal upholding a 14 As recorded in fn 5, above, the Committee noted in its penalty decision that the evidence...

  5. Nikau v Rongomau - Whangape Parish Lot 23B Horahora Marae [2012] Māori Appellate Court MB 300 (2012 APPEAL 300) [pdf, 132 KB]

    ...AND MARSHA TE RONGOMAU Respondent Hearing: 14 February 2012 (Heard at Hamilton) Court: Judge A D Spencer Judge D J Ambler Judge S F Reeves Counsel: Charl Hirschfeld, for the Appellant Rachel Hall, for the Respondent Judgment: 1 June 2012 RESERVED JUDGMENT OF THE MĀORI APPELLATE COURT Copies to: Charl Hirschfeld, Harbour View Law, PO Box 7728, Auckland 1141 Rachel Hall, McCaw Lewis Lawyers, PO Box 9348, Hamilton 3240 2012 Māori Appellate...

  6. [2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 519 KB]

    ...March 2021 Further submissions filed on 26 July, 2 and 9 August 2021 (Heard at Wellington) Appearances: P Cranney, counsel for plaintiff No appearance for first defendant S Hornsby-Geluk and M Vant, counsel for second defendant Judgment: 4 July 2022 JUDGMENT OF JUDGE KATHRYN BECK [1] This challenge relates to a dispute about the interpretation and application of cl 5.4 of the Secondary Teachers’ Collective Agreement 2019–2022 (the 2019 STCA). [2] Cl...

  7. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

    ...Section 239, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Horowhenua Block 11 (Lake Horowhenua) BETWEEN THE TRUSTEES OF LAKE HOROWHENUA TRUST Applicants Hearing: 278 Aotea MB 24, dated 16 January 2012 (Heard at Levin) Judgment: 22 June 2012 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] On 23 July 2009 and 25 September 2009 all but one of the current trustees of Lake Horowhenua Trust were appointed to their present roles. 1 At the time of the...

  8. [2022] NZEmpC 114 STL Linehaul Ltd v Waters [pdf, 204 KB]

    ...BETWEEN STL LINEHAUL LTD Plaintiff AND LEO WATERS Defendant Hearing: 2 and 3 June 2022 (Heard at Auckland, via AVL) Appearances: Q Haines, advocate for plaintiff L Anderson, advocate for defendant Judgment: 28 June 2022 JUDGMENT OF JUDGE J C HOLDEN [1] Mr Waters was dismissed for redundancy by STL Linehaul Ltd (STL) by letter dated 21 October 2019. The Employment Relations Authority (the Authority) found that dismi...

  9. [2021] NZACC 127 - Jones v ACC (11 August 2021) [pdf, 177 KB]

    ...AN APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 11 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] _________________________...

  10. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

    ...balustrade, and that this work has been constructed entirely in accordance with the drawings, notwithstanding the various location references to technical literature. [78] In my view Mr Summers‟ approach is at variance with the High Court‟s judgment, which has been confirmed by the Court of Appeal in Sunset Terraces. Heath J held that designers are entitled to assume that a reasonable builder would have access to and rely on the manufacturers‟ specifications, and tha...