Search Results

1. [2024] NZEmpC 248 Secretary for Education v Public Service Association [pdf, 456 KB]

   ...SERVICE ASSOCIATION – TE PŪKENGA HERE TIKANGA MAHI INCORPORATED Defendant Hearing: 21 and 23 October 2024 Appearances: H Kynaston and R Doyle, counsel for plaintiff P Cranney and A C S Wilson, counsel for defendant Judgment: 13 December 2024 JUDGMENT OF JUDGE J C HOLDEN [1] The Secretary for Education and the Public Service Association – Te Pūkenga Here Tikanga Mahi Inc (PSA) are parties to a collective agreement covering the period...

2. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...months after the date of the final inspection. In such cases the reasons for the delay in issuing the Code Compliance Certificate is relevant. Ultimately however the Court concluded that a decision as to when a house was built was a matter of judgment based on all the information that is available to the decision maker. 6 [15] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An own...

3. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...months after the date of the final inspection. In such cases the reasons for the delay in issuing the Code Compliance Certificate is relevant. Ultimately however the Court concluded that a decision as to when a house was built was a matter of judgment based on all the information that is available to the decision maker. 6 [15] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An own...

4. [2018] NZLCDT 20 National Standards Committee v Young [pdf, 111 KB]

   ...ignore such messages over the next few months. [11] We do note Ms Donovan’s submission that Mr Young was unfortunate to meet such a difficult adversary as the complainant, Mr D, on his first foray into litigation. We also consider that his judgment was impaired by his personal relationship with the parties, but that very fact ought to have alerted him to the need to obtain assistance rather than continue with the matter himself. [12] We accept the submissions of Mr Young’s cou...

5. Urwin v Te Kura – Te Reti B and Te Reti C Block (2014) 74 Waikato Maniapoto MB 277 (74 WMN 277) [pdf, 172 KB]

   ...Hearing: 30 January 2014 (71 Waikato Maniapoto MB 266-283) (Heard at Tauranga) Appearances: Mr Michael J Sharp and Ms Te Rangimārie Williams, Counsel for the Applicants Mr John P Koning, Counsel for the Third Respondent Judgment: 10 April 2014 RESERVED JUDGMENT OF JUDGE S R CLARK Copies to: Mr M J Sharp, Holland Beckett Solicitors, DX HP40014, Tauranga, michael.sharp@hobec.co.nz Mr J P Koning, Koning Webster Lawyers, P O Box 11120,...

6. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...BETWEEN JEROME LARASON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 21 July 2021 Heard at: Christchurch/Otautahi Appearances: Ms K Coulston for the appellant Mr C Light for the respondent Judgment: 17 August 2021 ____________________________________________________________________ [RESERVED JUDGMENT OF JUDGE C J McGUIRE Personal Injury s 26 Accident Compensation Corporation 2001] ___________________________________________...

7. Dickinson - Succession to Paurini Paengahuru [2025] Chief Judge's MB 1267 [pdf, 307 KB]

   ...orders complained of, although he used their European names. Te ture The law [16] The Chief Judge’s jurisdiction to amend or cancel an order of the Māori Land Court is set out in s 44(1) of the Act and has been well rehearsed in several judgments. However, for the benefit of the parties, I repeat a summary of the law so as to assist them in understanding this jurisdiction. Section 44(1) provides as follows: 44 Chief Judge may correct mistakes and omissions (1) On any app...

8. Waxman v Pal (Application for Non-Publication Orders) [2017] NZHRRT 4 [pdf, 322 KB]

   ...Waxman to file reply submissions. [7] An open version of Dr Waxman’s application and supporting submissions were duly filed on 4 October 2016 together with closed counterparts. [8] It so happened that on 4 October 2016 the Court of Appeal delivered judgment in Y v Attorney-General [2016] NZCA 474, [2016] NZAR 1512 in which guidance was given in relation to the principles to be applied in civil cases when suppression orders are sought. The Chairperson accordingly issued a further Minu...

9. [2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull [pdf, 240 KB]

   ...BETWEEN CAISTEAL AN IME LIMITED Plaintiff AND MARY-LOUISE FAITHFULL Defendant Hearing: 27 June 2022 (Heard at Christchurch) Appearances: D Angus, agent for plaintiff J Hobcraft, counsel for defendant Judgment: 30 November 2022 JUDGMENT OF JUDGE K G SMITH [1] Caisteal An Ime Ltd operates as Akaroa Village Inn. Mary-Louise Faithfull was employed by the company as a manager in its ice-creamery from 27 December 2018 until...

10. [2010] NZCA 320 CA239/2010 Lewis v Howick College Board of Trustees [pdf, 20 KB]

    ...BETWEEN RAYMOND CLENDON LEWIS Appellant AND HOWICK COLLEGE BOARD OF TRUSTEES Respondent Hearing: 20 July 2010 Court: Stevens, Randerson and Stevens JJ Counsel: B P Henry and G Church for Appellant R M Harrison for Respondent Judgment: 27 July 2010 at 3.00 pm JUDGMENT OF THE COURT A The application for leave to appeal is dismissed. B The applicant must pay the respondent costs for a standard application on a Band A basis and usual disbursements. _________...