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1. G v EQC [2020] CEIT-2020-0010 [pdf, 226 KB]

   ...judicial decision of relevance and high authority; secondly, where counsel have failed to direct the Court's attention to a legislative provision or authoritative decision of plain relevance; and thirdly, where for some other very special reason justice requires that the judgment be recalled. [7] In Evans v IAG & Ors2 Churchman J considered Wild CJ’s third category of cases and concluded3: From these various comments, I discern that, in order to justify a recall, an error...

2. Appellate judgments 2013

   ...of law as formulated by the appellant - whether the Court erred by reaching factual findings that were mistaken and unsustainable on the evidence - is not a question of law or of general importance. The alleged factual errors by the Court related to matters resolved by the Judge on the basis of evidence given in Court, and the application of authorities in the case were done so in a straightforward manner. [2013] NZCA 398 CA141/2013 Vulcan Steel Ltd v Wonnocott [PDF, 238 KB] Appl...

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3. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...availability of publicly owned land suitable for the project without resort to the objectors' land. 5. The relevance in terms of s 24 of the Act for the respondent's project (and its objectives) and for the proposed taking, with reference to the matters in s24(7)(b) and (d) of: (a) The extent to which the respondent has resolved with the owner of Sylvia Park the location of the bus station and the means of access to and from it; and (b) The proposed East West Corridor Pro...

4. [2011] NZEmpC 51 Health and Body Clinic Ltd Ors v Zhao [pdf, 118 KB]

   HEALTH AND BODY CLINIC LIMITED V ANITA ZHAO NZEmpC AK [2011] NZEmpC 51 [23 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 51 ARC 128/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HEALTH AND BODY CLINIC LIMITED First Plaintiff AND MURRAY ARNESEN Second Plaintiff AND LYNETTE ARNESEN Third Plaintiff AND ANITA ZHAO Defendant Hearing: 23 May 2011 (Heard at Auckland) Counse...

5. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

   IN THE CORONERS COURT AT WELLINGTON ([N CHAMBERS] IN THE MATTER of the Coroners Act 2006 AND IN THE MATTER of an Inquiry into the death of SHANE HASAN FRANCIS SHARIF KOTUHI Date of Death: 9 th May 2011 Before: Coroner Mr I R Smith Date of Findings: 2nd October 2013 FINDINGS OF CORONER I SMITH [1] Introduction This is an enquiry into the death of Shane Kotuhi, a 16 year old boy who resided with a cousin at Flat 20/175 Owen Street, Well...

6. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...treated over the entire period of their employment. In some ways, the situation was aggravated in that the defendants took advantage of the employees’ vulnerability over immigration status. Any further issue relating to these immigration matters, however, would need to be resolved in another forum. [11] One other factor which the plaintiff seeks to have considered as an aggravating feature in the claims now made is that the defendants knew of their obligations when empl...

7. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2013] NZLCDT 22 LCDT 032/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN TARANAKI STANDARDS COMMITTEE NO. 1 Applicant AND HUGH EDWARD STAPLES HAMILTON Respondent CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr W Chapman Mr J Clarke Ms P Walker Mr I Williams HEARING at Hastings on 13 May 2013 APPEARANCES Mr M Hodge for the Sta...

8. Nga Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) [pdf, 169 KB]

   49 Waikato Maniapoto MB 223 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO-MANIAPOTO DISTRICT A20090011664 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Harataunga West 2B2A1 BETWEEN NGA URI A MAATA NGAPO CHARITABLE TRUST Applicant AND JOHN THORNTON MCLEOD and TE RŪNANGA O NGĀTI POROU KI HAURAKI Respondents Hearing: 19 October 2011 (held at Thames) 29 March 2012 (held at Hamilton) Appearances: Mr P F...

9. [2019] NZEmpC 81 Emmanuel v Waikato District Health Board [pdf, 300 KB]

   ARTHI EMMANUEL v WAIKATO DISTRICT HEALTH BOARD [2019] NZEmpC 81 [4 July 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 81 EMPC 84/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ARTHI EMMANUEL Plaintiff AND WAIKATO DISTRICT HEALTH BOARD Defendant Hearing: 29-30 April 2019 (Heard at Hamilton)...

10. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

    ...trust, that position has been remedied. As far as the trust is concerned, no action is required by the Court to restore it to the position it held prior to the transfer. Fraud, breach of trust, claim in personam [49] The submissions on these matters arise out of actions by Areka Phillips to the detriment of the trust. The 1999 transfer deprived the trust of its right to be recorded as the legal owner of 1.7912 ha reservation area. This formed the grounds for the claim that Areka P...