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1. 2017 NZSSAA 005 (8 March 2017) [pdf, 105 KB]

   ...of America he met both the “special medical” and the “vocational training” provisions. (e) The question is whether he has met one or other of those requirements. [3] The essential arguments raised by the appellant regarding these two matters are that due to pressures from his work as a guidance counsellor, he needed to spend time recuperating. Further, the work he was doing in the United States amounted to vocational training. In relation to the requirement that both w...

2. Kerr v Stewart - Maketu A102 (2012) 58 Waiariki MB 3 (58 WAR 3) [pdf, 168 KB]

   KERR V STEWART MLC 58 Waiariki MB 3 [20 July 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT 58 Waiariki MB 3 (58 WAR 3) A20120007944 UNDER Section 19, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maketu A102 - Interim injunction and determination of occupation rights BETWEEN PETER KERR Applicant AND ATARETA STEWART, BARRY WHATA, HALEY GRACE ALBERT, PHILLIP TATUA ALBERT AND THOMAS OLIVER BROWN AS AHU WHENUA TRUSTEES Respondents...

3. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...section 393 of the Building Act 2004. In particular there is no suggestion that section 393 was intended to amend the outcome achieved by the judgment in Cromwell Plumbing. In making this preliminary finding I have taken into account comments of Justice Courtney in Dustin v Weathertight Homes Resolution Services and ors (High Court, Auckland; 25 May 2006; Courtney J; CIV2006-404-276). Her Honour stated that the decision in the Cromwell Plumbing case was wrong. However she...

4. [2019] NZREADT 9 - Matson v CAC510, Newlove, Stewart & Eves Realty Ltd (4 March 2019) [pdf, 329 KB]

   ...later adjourned pending determination of the licensees’ status as appellants) so the licensees’ cross-appeal was filed and served well within the extended appeal period of 60 working days. [10] Mr Belcher submitted for the Authority that the matters relied on by the licensees as exceptional circumstances are not “exceptional”. He submitted that “exceptional” creates a high threshold: the circumstances relied on must be truly an exception to the normal course of an appea...

5. [2019] NZEmpC 152 Leota v Parcel Express Ltd [pdf, 417 KB]

   MIKA LEOTA v PARCEL EXPRESS LIMITED [2019] NZEmpC 152 [1 November 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 152 EMPC 167/2019 IN THE MATTER OF an application for a declaration under s 6(5) of the Employment Relations Act 2000 AND IN THE MATTER OF an application for leave to appear and be heard as intervener BETWEEN MIKA LEOTA Plaintiff AND...

6. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 237 KB]

   ...measure of certainty and clarity to the parties in the application of the policy and practice, and attempting to resolve future disputes. [26] The Court concluded that under the broad discretion given by cl 19 to sch 3 of the Act, it could do justice in costs by taking account of these factors. These observations are relevant to this case. [27] It is common ground that the present proceeding involved important issues that would have direct application to the parties for anticip...

7. Dobson - Edgecombe Block X Section 12B (2022) 75 Te Waipounamu MB 211 (75 TWP 211) [pdf, 251 KB]

   ...leasing policy must first be finalised. In order to do this, the issue of trustee quorum has first to be resolved. She says there are unanswered questions regarding building consent, the rates implications and ownership of the building. These are matters that are required to be covered in a leasing policy. [15] Margaret Patete is a trustee and also supports an injunction to maintain the status quo until a leasing policy for Baker Bay and the trustee quorum issue raised in the previo...

8. [2023] NZREADT 29 CAC 1901 v KC (11 October 2023) [pdf, 202 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 29 Reference No: READT 021/2021 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 1901 AGAINST KC Defendant Hearing in Rotorua on 22 June 2023 Tribunal: D J Plunkett (Chair) C A Sandelin (Deputy Chairperson) G J Denley (Member) Appearances: Counsel for the Committee: E Mok, A...

9. [2024] NZREADT 33 – Wilson v REAA (15 September 2024) [pdf, 105 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 33 Reference No: READT 021/2024 IN THE MATTER OF An application for review of a Registrar’s decision under s 112 of the Real Estate Agents Act 2008 BETWEEN MICHAEL WILSON Applicant AND THE REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent Hearing on the papers Tribunal: C Sandelin (Deputy Chairperson) G Denley (Member) F Mathieson (Member) Repre...

10. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

    2015 Maori Appellate Court MB 417 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150002503 APPEAL 2015/11 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Okahu 1, Okahu 3B2B2A, Okahu 3B2B2C, Okahu 3B2B2D, Okahu 4A, Okahu 4B, Okahu 4D, Okahu 4C1, Okahu 4C2, Okahu 3A and Okahu 3B2A BETWEEN DESMOND WILLIAM MAHONEY, TE URI REIHANA-NGATOTE & JOHN (HONE) PETERS Appellants AND TRUSTEES OF THE NICH...