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  1. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

    ...TRUSTEES OF POUKURA PA Respondents Hearing: 20 May 2019, 401 Aotea MB 45-57 (Heard at Tūrangi) Appearances: Paranapa Rewi Otimi in person Kahurangi Riwai-Davison in person Judgment: 20 June 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] By a decision dated 24 December 2018, an election of trustees for Poukura Marae was to be convened on or before 31 March 2019.1 That meeting has now been held and an...

  2. [2008] NZEmpC AC 39/08 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 26 KB]

    ...FRANCISCUS CORNELIUS JOHANNES PRINS Plaintiffs AND TIROHANGA GROUP LIMITED (FORMERLY TIROHANGA RURAL ESTATES LIMITED) Defendant Hearing: by memoranda of submissions received on 27 June 2006 and 8 August and 13 September 2007 Judgment: 24 September 2008 SUPPLEMENTARY JUDGMENT (NO 2) OF CHIEF JUDGE GL COLGAN [1] Judgments have been delivered in favour of the plaintiffs on their personal grievances and allowing them costs on the challenge to this Court. [...

  3. BR v CS LCRO 226/2013 (20 October 2014) [pdf, 45 KB]

    ...decided to ignore his advice and proceeded to file our appeal with the Privy Council. This was the first case ever heard from the [Country]. It was heard on 22 October 2012 just six months ago and was allowed.3 … [3] Following receipt of the judgment Mr BR sent an invoice to CS by which he sought repayment of the fee rendered by, and paid to, CS. The basis for doing so was that Mr BR considered the opinion received from CS was defective. [4] CS declined to refund the money....

  4. [2016] NZEmpC 176 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc and Others [pdf, 97 KB]

    ...AND DONNA MATHER Third Defendants Hearing: By memoranda of submissions field on 29 November, 15 and 19 December 2016 Appearances: P Kiely and S Worthy, counsel for plaintif P Cranney and J Lawrie, counsel for defendants Judgment: 21 December 2016 COSTS JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The plaintiff, Radius Residential Care Ltd (Radius), seeks an order for costs against the first and second defendants and four named third defendants (Janet...

  5. Fenton - Rurima (2005) 108 Whakatāne MB 148 (108 WHK 148) [pdf, 412 KB]

    Minute Book: 108 't"HK 148 IN THE MAORI LAND COURT OF NEW ZEALAND vV AIARIKI DISTRICT Hearing: Judgment: Introduction A20030005879 UNDER Sections 338(7) and 338(8), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Rurima DAYLE EVELYN FENTON Applicant 19 May 2005, 106 Whakatane MB 178 30 .A.pril2004, 102 Whakatane MB 196 11 December 2003, 101 Whakatane NIB 256 23 December 2005 RESERVED JUDGMENT OF JUDGE L R HARVEY [1] The background to these proceedings is se...

  6. [2020] NZEmpC 91 Dollar King Ltd v Jun [pdf, 208 KB]

    ...LIMITED Plaintiff AND HYOWON JUN Defendant Hearing: On the papers Appearances: J Lapthorne and M Hutcheson, counsel for plaintiff M Kim and NM Lim, counsel for defendant M Austen, counsel assisting the Court Judgment: 29 June 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] This judgment decides a narrow, but important, issue relating to the Employment Relations Authority’s jurisdiction to impose a penalty on a party of its...

  7. [2019] NZEmpC 140 Sfizio Ltd v Mawhinney [pdf, 404 KB]

    ...application for security for costs BETWEEN SFIZIO LIMITED Plaintiff AND HELEN MAWHINNEY Defendant Hearing: On the papers Appearances: C Gregorash, agent for plaintiff A Kersjes, advocate for defendant Judgment: 9 October 2019 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for strike out of proceedings; application for stay of proceedings; and an application for security of costs) Background [1] Ms Hele...

  8. [2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue [pdf, 184 KB]

    ...AND THE COMMISSIONER OF INLAND REVENUE Defendant Hearing: 23 January 2025 (Heard at Christchurch and via Audio Visual Link) Appearances: A Fechney, advocate for plaintiff S Hornsby-Geluk, counsel for defendant Judgment: 27 January 2025 INTERLOCUTORY JUDGMENT (NO 2) OF CHIEF JUDGE CHRISTINA INGLIS (Application for interim non-publication orders) [1] The defendant seeks interim non-publication orders in respect of the names and...

  9. Issue 41: 1 October- 31 December 2024 [pdf, 949 KB]

    ...include compromising a swimmer's physical ability to stay safe while swimming. By way of comment, I emphasise the dangerous potential of alcohol to impair the decision making of those in and around a river. Staying safe around rivers requires good judgment and decision making, including checking for potential hazards and properly accounting for personal limits relating to fitness, ability and knowledge of local conditions. Accordingly, being in and around a river after consuming...

  10. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

    ...STEVEN WILKINS Plaintiffs AND DAVID JOHN RAWCLIFFE Defendant Hearing: By memoranda of submissions filed on 11 November and 5 and 8 December 2011 Appearances: Defendant in person Iain Hutcheson, counsel for Plaintiffs Judgment: 24 February 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The plaintiffs have challenged a costs determination of the Employment Relations Authority 1 declining to award costs. The challenge raises the vexed issue of the r...