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1. Form 35A Notice of Proceeding when Summary Judgment Sought by Plaintiff [docx, 58 KB]

   Guidance on Using the Notice of Proceeding when Summary Judgment Sought by Plaintiff (Form 35A of the District Court Rules 2014) About the notice of proceeding when summary judgment sought by plaintiff [bookmark: Purpose]Form 35A is used, instead of form 1, when a notice of proceeding is being filed, and served, by a plaintiff also making an application for summary judgment. When being filed and served this form will need to be accompanied by: · A statement of claim · A list of documents rel...

2. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...AIRWAYS CORPORATION OF NEW ZEALAND LIMITED Defendant Hearing: 19 July 2022 and further submissions on 26 August 2022 Appearances: R E Harrison KC and R McCabe, counsel for plaintiff K Dunn and J Berg, counsel for defendant Judgment: 10 February 2023 JUDGMENT OF JUDGE K G SMITH [1] A dispute has arisen between New Zealand Air Line Pilots’ Assoc IUOW Inc (NZALPA) and Airways Corp of New Zealand Ltd (Airways) about whether Airways is able to...

3. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...Appellate Court MB 254-320 dated 17 August 2010 (Heard at Rotorua) Court: Deputy Chief Judge C L Fox Judge A D Spencer Judge L R Harvey Appearances: Leo Watson, counsel for the Appellants Miharo Armstrong, counsel for the Respondents Judgment: 31 August 2011 REASONS FOR ORAL JUDGMENT Solicitors: leowatson@paradise.net.nz – Leo Watson, PO Box 92, Paekakariki, Kapiti Coast admin@aurere.com – Aurere Law, PO Box 1693, Rotorua 3010 mailto:leowa...

4. Rolleston v Moore - Lot 1 Deposited Plan South Auckland 52401 and Ongaonga No 1C No 1 Block (2016) 133 Waikato Maniapoto MB 39 (133 WMN 39) [pdf, 297 KB]

   ...Balzer, 38 Emmett Street, Greerton, Tauranga, Roger@rezlab.co.nz mailto:john@kwlaw.co.nz mailto:tania@tewhenua.maori.nz mailto:Roger@rezlab.co.nz 133 Waikato Maniapoto MB 40 Introduction [1] In March 2015 Mr Walter Moore 1 damaged a fence line that follows the surveyed boundary line between Lot 1 Deposited Plan South Auckland 52401 2 (“Lot 1”) and Ongaonga No 1C No 1 block 3 (“1C1”). [2] On 4 April 2016, Andrew Rolleston (“the applicant”) filed proceedings see...

5. [2024] NZEmpC 29 E Tū Inc v New Zealand Steel Ltd [pdf, 278 KB]

   ...Employment Relations Authority BETWEEN E TŪ INCORPORATED Plaintiff AND NEW ZEALAND STEEL LIMITED Defendant Hearing: 25 - 27 October 2023 Appearances: G Pollak for the plaintiff C Pearce for the defendant Judgment: 26 February 2024 JUDGMENT OF JUDGE J C HOLDEN [1] This judgment deals with a challenge by E Tū Incorporated to two determinations of the Employment Relations Authority.1 The issue is in respect of the co...

6. IncreasingRevenuefromCourtsandTribunalFeesandCollectionsServices.pdf [pdf, 1.6 MB]

   Hon Paul Goldsmith Minister of Justice Proactive release: Increasing Revenue from Courts and Tribunal Fees and Collections Services Date of issue: 4 July 2024 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted a

7. NG & DG v GI Ltd [2024] NZDT 213 (4 April 2024) [pdf, 98 KB]

   ...compliant with the description applied to them; and the bricklaying service must be carried out with reasonable care and skill and achieve a result that is fit for its purpose. In this case, it is clear that NG and DG relied on GI Ltd’s skill and judgment respecting both the supply and the laying of the bricks. [13] The standard is reasonableness, not perfection. The question for me is whether, having regard to the fact that the bricks were described as having “sharp clean lines”,...

8. [2022] NZEmpC 220 Shah Enterprise NZ Ltd v A Labour Inspector [pdf, 164 KB]

   ...SHAH Second Plaintiff s AND A LABOUR INSPECTOR OF MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Defendant Hearing: On the papers Appearances: No appearance for plaintiffs G La Hood, counsel for defendant Judgment: 1 December 2022 COSTS JUDGMENT OF JUDGE J C HOLDEN [1] This judgment resolves an application for costs made by the Labour Inspector in respect of the challenge brought by Shah Enterprise NZ Ltd (Shah Enterprise...

9. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...Ture Whenua Māori Act 1993 IN THE MATTER OF Whakataha Z1C Paparimurimu B Paparimurimu A3 Part Tapapanui B4D2 BETWEEN TOP ENERGY LIMITED Applicant Hearing: 26 June 2013 21 February 2014 (Heard at Kaikohe) Judgment: 08 June 2015 RESERVED JUDGMENT OF JUDGE D J AMBLER 104 Taitokerau MB 109 Introduction [1] Top Energy Limited (“TEL”), an electricity lines network company, has applied for electricity easem...

10. [2012] NZEmpC 211 Service and Food Workers union Nga Ringa Toa & Page v Sealord Group Ltd [pdf, 262 KB]

    ...Plaintiff AND SEALORD GROUP LIMITED Defendant Hearing: 21 October 2011 (Heard at Nelson) Appearances: Tim Oldfield, counsel for the plaintiffs Rob Towner as counsel and Justine O'Connell as advocate for the defendant Judgment: 10 December 2012 JUDGMENT OF JUDGE A A COUCH [1] The first plaintiff, the Service and Food Workers’ Union Nga Ringa Tota (the Union) and the defendant, Sealord Group Ltd (Sealord) have been parties to a series of collec...