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1. 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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2. 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...

3. [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)...

4. 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...

5. Evaluation of the Te Hurihanga pilot [pdf, 1.5 MB]

   Te Hurihanga Pilot: Evaluation Report Prepared for the Ministry of Justice by Julie Warren, with Lydia Fraser Centre for Research, Evaluation and Social Assessment (CRESA) October 2009 Te Hurihanga Pilot: Evaluation Report Centre for Research, Evaluation and Social Assessment (CRESA) Ltd 2 Disclaimer This evaluation was commissioned by the Ministry of Justice. The report has been prepared by the authors a...

6. LCRO 114/2018 CL v [City] Standards Committee [X] (17 May 2019) [pdf, 160 KB]

   ...were not correct. [17] The report identified and discussed other areas of non-compliance. The “own motion” investigation [18] The report was considered by the Committee which resolved to instigate an “own motion” investigation into the matters raised in the report and Ms [CL] was requested to comment on these.6 Ms [CL] engaged Mr MD to assist and advise her. [19] Mr MD advised the Committee that Mr DN had been engaged to assist the investigation and that “real progres...

7. Adams v ACC [2015] NZACA 3 [pdf, 69 KB]

   ...expressed to be a comprehensive apology. It recorded the significant stress in achieving a 100% commutation of his weekly compensation. A payment of $8,000 had been made to compensate him 6 to some degree. The letter dealt with other matters not material to the issue before me. [24] The Authority has been given an appendix to a letter from the Chief Ombudsman presumably to Mr Adams. I do not know the date of that letter, which is no longer available. [25] It is app...

8. Carey Clan Trust v Still [pdf, 100 KB]

   ...principles in Cousins they should be removed. In Cousins v Plaster Systems Ltd & Ors TRI 2008-101-000107 on 23 January 2009 Adjudicator Ruthe provided the appropriate test. He said: - Evidential Foundation 12 13. In Dennerly (supra) Justice Harrison stated “a party for joinder would have to lay an evidential foundation” [31]. 14. Earlier at [27] His Honour said there had to be an arguable factual foundation to justify joinder. Equally where a party is seeking remov...

9. Deputy Registrar - Succession to Ngarangi Kapapa Wiari Selwyn Turoa [2017] Chief Judge's MB 172 (2017 CJ 172) [pdf, 442 KB]

   ...consent, properly acquired by law, the court acted outside of its jurisdiction by vesting the interests in the newly constituted trust because the application did not comply with the requirements of s 214 of the Act. Is it in the interests of justice to disturb the order? [27] Having found errors in the order in relation to the naming of successors and the constitution of the whānau trust, I turn now to consider whether it is in the interests of justice to exercise my power to a...

10. [2012] NZEmpC 200 Doran v Crest Commercial Cleaning Ltd [pdf, 93 KB]

    DORAN V CREST COMMERCIAL CLEANING LIMITED NZEmpC CHCH [2012] NZEmpC 200 [29 November 2012] IN THE EMPLOYMENT COURT CHRISTCHURCH [2012] NZEmpC 200 CRC 49/10 IN THE MATTER OF a proceeding removed into the Court by the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN ROGER TERRANCE DORAN Plaintiff AND CREST COMMERCIAL CLEANING LIMITED Defendant Hearing: on the papers - memoranda received 2 August...