Search Results

1. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...Plaintiff AND AFFCO NEW ZEALAND LIMITED Defendant Hearing: 2, 3 and 10 February 2012 (Heard at Auckland) Counsel: Stephanie Dyhrberg, counsel for first and second plaintiff Mary Wilson and Rachel Webster, counsel for defendant Judgment: 14 February 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] This is a challenge brought on a de novo basis against a determination of the Employment Relations Authority upholding the enforceability of restraint of trade pr...

2. Cooper-Nathan - Motatau 5A2A2 (2011) 22 Taitokerau MB 177 (22 TTK 177) [pdf, 107 KB]

   ...Ture Whenua Maori Act 1993 IN THE MATTER OF Charlie Ape Cooper or Tari Ape Kopa and Motatau 5A2A2 BETWEEN TRIXIE COOPER-NATHAN Applicant Hearing: 26 February 2009 16 June 2009 22 October 2009 (Heard at Kaikohe) Judgment: 10 June 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER Background [1] On 26 February 2009 I heard an application to succeed to the Māori land interests of the late Tari Ape Kopa. The Court search showed that Tari Kopa held inter...

3. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

   ...CROSS Plaintiff AND ONERAHI HOTEL LIMITED Defendant Hearing: 11-13 December 2013 (Heard at Whangarei) Appearances: Mr Gregory Bennett, advocate for plaintiff Mrs Marie Menner Ryan, representing the defendant Judgment: 18 February 2014 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiff, Mr Cross, worked as duty manager at the Onerahi Hotel for around 20 months. During his employment issues arose in relation to Mr Cross’s a...

4. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

   ...that this leads to the conclusion that the second respondents were fully responsible for the implementation and completion of the development process in all respects. [16] Discussion on the limitation issue, which is dealt with later in this judgement, proceeded on the assumption that Mr and Mrs Hay owed a duty to the claimants as developers of the home. However, I now set down my determination on the issue of whether Mr and Mrs Hay were “developers”. [17] I accept th...

5. Hikatangata v Phillips - Succession to Te Rata Phillips [2025] Chief Judge's MB 408 (2025 CJ 408) [pdf, 350 KB]

   ...JAMES NELSON TE RATA PHILLIPS Te Kaiurupare Respondent Nohoanga: Hearing 18 June 2024, 2024 Chief Judge’s MB 910-923 (Heard at Wellington via zoom) Kanohi kitea: Appearances T Barker for the Respondent Whakataunga: Judgment date 7 February 2025 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA C L FOX Judgment of Chief Judge C L Fox Copies to: T Barker, McCaw Lewis, PO Box 9348, Hamilton 3240, tiana.barker@mccawlewis.co.nz m...

6. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   CLAIM NO: 02368 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN CHRISTINE MURIEL WEST and WILLIAM HENRY HAWKEN as Trustees of the CHRISTINE WEST FAMILY TRUST Claimants AND GLENN ANDREW PERRY and LYNDA MAREE PERRY First Respondents AND JESSOP ARCHITECTS LIMITED Second Respondent AND BERNIE W LEE trading as Island 2000 Third Respondent AND No fourth respondents, Michael Craig Norgate an

7. Butler v NF Fraser Co Limited - Mangawhaiti 3B1 and Takahiwai 3 A2 [2013] Chief Judge's MB 59 (2013 CJ 59) [pdf, 1.9 MB]

   ...nature private and therefore restricted as to user in favour of the land to which the roads gave access. [71] Section 117 of the Native Land Act 1909 ("1909 Act") gave the Court the power to "layout upon the land partitioned such road-lines (if any) as the Court thinks necessary for the due settlement and use of the several parcels". Under s 117(2) the Governor could declare such "road-lines" to be a public road. Once again, the scheme of the 1909 Act was th...

8. Collier v Stevens - Tataweka Island (2015) 107 Waikato Maniapoto MB 161 (107 WMN 161) [pdf, 154 KB]

   ...118) 2 September 2000 (102 Hauraki MB 71-72) (Heard at Thames) Appearances: Mr F.L. Phillips of Phillips & Powell, Otorohanga for the applicants Mr P. Jensen of Purnell, Jensen & Jenkison of Thames for the respondents Judgment: 30 September 2015 RESERVED JUDGMENT OF JUDGE G D CARTER 107 Waikato Maniapoto MB 162 Introduction [1] On 23 August 1971 applications to investigate the titles for Tataweka and Wekarua islands were filed under...

9. Elers - Ngapakihi 2A2B (Raetihi Marae) (2017) 372 Aotea MB 75 (372 AOT 75) [pdf, 296 KB]

   ...1993 IN THE MATTER OF Ngapakihi 2A2B (Raetihi Marae) NOVA ELERS Applicant Hearing: 369 Aotea MB 214-220 dated 16 May 2017 (Heard at Whanganui) Judgment: 12 July 2017 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Nova Elers, seeks the appointment of trustees to Ngapakihi 2A2B following an annual general meeting held on 24 September 2016 where six replacement nominees were elec...

10. Applicant C v Registrar of Real Estate Agents Authority 2017] NZREADT 10 [pdf, 178 KB]

    ...Real Estate Agents Authority,2 the Tribunal considered an application of the “fit and proper person” assessment in the context of an application for review of the Registrar’s decision not to grant a licence. The Tribunal referred to the judgment of the High Court in Re M, concerning a law practitioner.3 The Tribunal set out four features relevant to the required assessment, highlighted in Re M as follows:4 [a] The focus is necessarily forward-looking. The function of the Co...