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...A20130005980 UNDER Section 289, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Motatau 2 Sec 35B7 BETWEEN WINIATA TIPENE Applicant Hearing: 27 September 2013 2 October 2013 2 December 2013 (Heard at Kaikohe) Judgment: 19 May 2015 RESERVED JUDGMENT OF JUDGE D J AMBLER 103 Taitokerau MB 206 Introduction [1] This decision addresses Winiata Tipene’s application to partition all bu...
...A20160002977 UNDER Section 19, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Taukihepa (Tītī Islands) BETWEEN DEAN TIEMI TE AU Applicant AND THE DESCENDANTS OF APERAHAMA HUTOITOI AND OTHER Respondent Judgment: 24 October 2017 DECISION ON EXPARTE APPLICATION FOR AN INTERIM INJUNCTION 46 Te Waipounamu MB 237 Introduction [1] This is an application by Dean Tiemi Te Au for orders...
...UNDER Section 215 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waitara West 52C PAMELA MARENUI EVANS Applicant Hearings: 379 Aotea MB 53-58 dated 19 December 2017 380 Aotea MB 208-219 dated 13 February 2018 Judgment: 19 April 2018 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Margaret Taylor seeks appointment as an additional responsible trustee of the Waitara West 52C Ahu Whenua Trust. Grant Knuckey and other owners object. They say tha...
...simply the way in which counsel manages to extract a devastating concession in cross-examination, or the flourish with which they deliver closing submissions. Much comes down to tactics, pleadings and written submissions. A reputation for sound judgment, honesty and integrity will also go a long way. While mediation, Authority investigations, and the Court’s adversarial processes fundamentally differ, the objectives of the Employment Relations Act 2000 (the Act) underpin each....
...minimal effect on the occurrence of the Claimants’ loss; it must be a sufficiently contributing cause. [135] In Todd on Torts, the authors state that in determining whether there is a sufficient causal connection necessarily requires a value judgment as to whether the Claimants’ loss is within the scope of the duty or the risk created by the Respondent’s conduct.7 [136] I have concluded that the consequences of the breach of duty was a material and substantial cause of the l...
...required by the Building Act. 5.2 It is now well established in New Zealand that both those who build and those who inspect building work have a duty of care to building owners. The following are relevant extracts from some of the reported judgments. WHRS-C00036 page 10 of 18 5.3 Greig J in Lester v White [1992] 2 NZLR 483, at pages 492-493 The law here, so far...
...OF an application for costs BETWEEN JASMINE TANGOHAU Plaintiff AND LITA MAIAVA-PEREZ Defendant Hearing: On the papers Appearances: No appearance for plaintiff A Kersjes, advocate for defendant Judgment: 13 June 2025 COSTS JUDGMENT OF JUDGE KATHRYN BECK [1] This judgment resolves an application for costs following discontinuance of the proceedings by the plaintiff. [2] The defendant seeks scale costs on a category 2 ba...
...painting costs, which I will consider below. 7.4 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...
...BETWEEN OY Plaintiff AND CALENDAR GIRLS NZ LIMITED First Defendant AND JAMES SAMSON Second Defendant Hearing: On the papers Appearances: V Campbell, counsel for plaintiff R Thompson, advocate for defendants Judgment: 23 July 2025 CONSENT JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The plaintiff, with six other individuals, is currently pursuing an application for a declaration of employment status in this Court. On 13 May 2025,...
...Marlborough District Council v Zindia in support.23 [42] Ms Thomson concluded that “the underlying land use remains the outdoor storage of a shipping container. Making superficial additions and calling it public art does not in my planning judgement alter the underlying use”.24 [43] Ms Thomson states that, based on this underlying use, the installation requires resource consent as a non-complying activity in the Natural Open Space Zone. She notes that while the public art e...