Search Results

1. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

   ...OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those 5 documents have over the required or permissible cont...

2. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

   ...Plaintiff AND CHAD OLSEN Defendant Hearing: (by memoranda of submissions filed on 16, 29 and 31 August 2012) Counsel: Michael Quigg and Simon Martin, counsel for the plaintiff Jills Angus Burney, counsel for the defendant Judgment: 12 October 2012 COSTS JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff has challenged on a non-de novo basis that part of a costs determination 1 of the Employment Relations Authority (the Authority) dated 12 Apri...

3. EV v VJ LCRO 181 / 2010 (31 August 2011) [pdf, 129 KB]

   ...claim, but did not provide any written estimate of his own costs. [14] Despite a Judicial Settlement Conference, and various offers of settlement, the parties were unable to reach agreement and the matter went to hearing on 22 and 29 April 2009. Judgment was issued on 29 June 2009 in which the Judge held that EX had breached his moral duty to EW by not providing for her in his will. To rectify this he directed that the trustees of EX’s estate should hold his interest in the home i...

4. Roberts - Te Touwai B19A1 (2015) 114 Taitokerau MB 131 (114 TTK 131) [pdf, 702 KB]

   ...UNDER Section 326B, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Te Touwai B19A1 BETWEEN LAVINIA LISA ROBERTS Applicant Hearing: 23 October 2013 15 August 2014 2 February 2015 (Heard at Kaikohe) Judgment: 15 October 2015 RESERVED JUDGMENT OF JUDGES D J AMBLER AND M P ARMSTRONG 114 Taitokerau MB 132 TABLE OF CONTENTS Introduction .................................................

5. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...THE MATTER OF Horo Himi Te Waihika Pou or Jim Pou BETWEEN IWINGARO SYLVIA COURTNEY RIRIPETI MIRA NORRIS Applicants Hearing: 15 June 2011 7 October 2011 22 February 2012 23 May 2012 24 April 2013 (Heard at Kaikohe) Judgment: 2 July 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 61 Taitokerau MB 248 TABLE OF CONTENTS Introduction ............................................................................................

6. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

   ...disgraceful conduct under s 73(a) of the Real Estate Agents Act 2008 (the Act). The facts giving rise to the charge have been disputed by Mr Mairs and it will be necessary for the Tribunal to resolve these factual disputes in the course of giving this judgement. Undisputed facts [3] There is no dispute concerning the following matters. On the night of 27 February 2017 Mr Mairs entered the property and stayed the night there. He was discovered at the property the following morni...

7. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...exhaustion by Mr Beattie of his appeal rights and numerous attempts to relitigate the issue in ancillary proceedings, on 28 October 2010 he was sentenced by the District Court to 100 hours community work in contempt proceedings brought by Ms Foyle. In a judgment given on 17 February 2011 Priestley J dismissed Mr Beattie’s appeal. See Beattie v Foyle HC WHA CRI-2010-488-68 (17 February 2011). 7 Insolvent gifts and transactions [15] On adjudication a bankrupt’s property ves...

8. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 160 ACR 277/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN JOHN MACNAUGHTAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 25 August 2023 Heard at: Wellington Appearances: Mr R Mansfield KC for the Appellant Mr L Hawes-Gandar and Ms F Becroft for the Respondent Judgment: 3 Octo

9. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

   ...BETWEEN SPOTLESS SERVICES (NZ) LTD Plaintiff AND SERVICE & FOOD WORKERS UNION NGA RINGA TOTA INC Defendant Hearing: 26 July 2006 Appearances: Mr R Harrison, Counsel for Plaintiff Mr P Cranney and Mr T Oldfield, Counsel for Defendant Judgment: 10 August 2006 JUDGMENT OF JUDGE M E PERKINS Introduction [1] The parties seek an interpretation from the Court as to the effect of clauses contained in their current collective employment agreement. The agreement cov...

10. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

    ...THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 2 November 2015 (heard at Auckland) Appearances: B Henry and A Dunlop, counsel for the plaintiff T Sewell and J Dobson, counsel for the defendant Judgment: 16 November 2015 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The Department of Corrections (the Department) has raised an objection as to jurisdiction. It is contended that s 179(5) of the Employment Relations...