Search Results

1. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...engagement, and passed the file on to the complainants’ new lawyers. [31] It is not a simple exercise to calculate the amount to charge for a fair and reasonable fee. There is no simple formula. Fee setting requires the exercise of professional judgement. Mr HV had to exercise some caution. He was obliged to act in the best interests of the estate, and to administer the estate in accordance with the will. He was answerable to the beneficiaries and to the complainants for his fees...

2. Top Energy Ltd - Taheke 2 (2015) 118 Taitokerau MB 144 (118 TTK 144) [pdf, 166 KB]

   ...BETWEEN TOP ENERGY LIMITED Applicant Hearing: 15 December 2015 (Heard at Kaitaia) Appearances: Graeme Mathias for Top Energy Limited Peter MaCauley for the Mihi Moria Maude Smith Whānau Trust and William Smith Judgment: 18 December 2015 RESERVED JUDGMENT OF JUDGE D J AMBLER 118 Taitokerau MB 145 Introduction [1] Top Energy Limited (“TEL”) applies for an electricity easement over Taheke 2,...

3. [2012] NZEmpC 44 Lyttelton Port Co Ltd v Maritime Union of NZ [pdf, 74 KB]

   ...AND THE RAIL AND MARITIME TRANSPORT UNION INC Second Defendant Hearing: 7 March 2012 Appearances: Rob Towner, counsel for plaintiff Peter Cranney, counsel for first defendant Geoff Davenport, counsel for second defendant Judgment: 7 March 2012 ORAL JUDGMENT OF CHIEF JUDGE GL COLGAN [1] A little more than 24 hours ago the application for an interlocutory injunction to prevent anticipated unlawful strike action was filed and shortly afterwards there was...

4. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...MARITIME UNION OF NEW ZEALAND INCORPORATED Respondent Hearing: 19 December 2016 (heard at Wellington) Appearances: R Towner and E Coats, counsel for the applicant J Goldstein and L Ryder, counsel for the respondent Judgment: 20 December 2016 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL An urgent question [1] Should an imminent strike at the Port of Lyttelton be permitted to proceed? [2] That is the issue raised by an urgent application f...

5. Manahi v Kingi - Succession to Hinerongonui Manahi [2024] Chief Judge's MB 87 (2024 CJ 87) [pdf, 1011 KB]

   ...from the Applicant’s father, Te Iwi Manahi. The Applicant’s half sisters and the Applicant share the same father but have different mothers. My claim is for those lands which have originated from my father, to remain within the Manahi bloodline. 6. On 3 June 2011 the above applications were referred to the Chief Judge and directions were made by the Chief Judge to proceed with a Report pursuant to section 45. 7. On 20 April 2012 another section 45 application was received from...

6. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 24 [pdf, 131 KB]

   ...479 (HC) at [502] and North Shore City Council v Body Corporate 188529 [2010] NZCA 64, [2010] NZLR 486 at [120], [121]. Page | 7 [16] Mr and Mrs Saffioti filed an appeal against that direction on 11 April 2012 which JSAL opposed. In a judgment dated 1 October 2012,8 the High Court allowed Mr and Mrs Saffioti’s appeal and reinstated JSAL as a respondent. The main reasons why the appeal was allowed were that Mr and Mrs Saffioti, who are recorded as having put JSAL’s cred...

7. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...every power vested in them shall be exercisable at their absolute and uncontrolled discretion (clause 12). (d) The trustee shall manage the Trust fund for the benefit of the beneficiaries in such manner as they to the best of their knowledge and judgment believe the settlor would have done had the settlor been the absolute owner thereof (clause 12.1). (e) Any trustee may participate in the exercise by the trustee of the powers conferred upon the trustee notwithstanding that such truste...

8. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...Section 19, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Te Aute A1B BETWEEN TE KOTUHI ROGERS Applicant AND ARTHUR HAURAKI Respondent Hearing: 2 December 2013 18 February 2014 (Heard at Kaikohe) Judgment: 26 November 2015 RESERVED JUDGMENT OF JUDGE D J AMBLER Copies to: Wayne Coutts, Thomson Wilson Law, Mansfield Terrace, PO Box 1042, Whangarei 0140 wmc@tho...

9. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

   ...JANE WOODS AND KAREN SIXTUS Respondents Hearing: 2 December 2011 (Heard at Te Kuiti) Counsel: Mr Darrell Naden and Mr Cameron Hockly (Counsel for the applicant) Mr Mark Hammond and Ms Karina McLuskie (Counsel for the respondents) Judgment: 24 August 2012 RESERVED JUDGMENT OF JUDGE S TE A MILROY Copies to: Tamaki Legal, Barristers & Solicitors, P O Box 259-280, Botany 2163, Manukau, Cameron@tamakilegal.com and Darrel@tamakilegal.com Tompkins...

10. [2025] NZEmpC 129 VKU v PHZ (Judgment of Judge M S King, 27 June 2025) [pdf, 178 KB]

    ...challenge to a determination of the Employment Relations Authority BETWEEN VKU Plaintiff AND PHZ Defendant Hearing: On the papers Appearances: Plaintiff in person No appearance for defendant Judgment: 27 June 2025 JUDGMENT OF JUDGE M S KING (Dismissal for want of prosecution) [1] On 21 November 2023 the plaintiff filed a non-de novo challenge to a substantive determination of the Employment Relations Authority....