Search Results

1. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...19(1)(b). In so doing I have taken into account the likelihood of an application for rehearing or the filing of a fi-esh application for injunction no\v that the section 45 application has been filed, and the use of the Couti's and the parties' resources V\Tere either event to occur. HOV\Tever, for fhture reference counsel should note that the Court is unlikely to be as aCC0111m odating. Disputes concerning this Land are not ne\v. J\,1y reserved decision tenl1inating the trust...

2. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...matters. (c) No list could ever be exhaustive but the indicia include the extent to which there is a sharing of one dwelling as each party's principal place of residence, emotional dependence and support, the pooling of labour and financial resources, the sharing of household activities, the provision of domestic services, the provision of financial assistance, the sharing of one bedroom, the sharing of a sexual relationship, the sharing of companionship, leisure and social activit...

3. Attorney General - Marlborough Sounds (1998) 5 Te Waipounamu Appellate MB 3 (5 APTW 3) [pdf, 265 KB]

   ...evidence available to the Court determining tbe question at that time. The Solicitor-General on behalf of the Crown at paragraph 39 of his submission submitted that the question at stake raised fundamental issues as to the ownership of New Zealand resources and the status of customary law in New Zealand and went on to say: "It is important that these issues be examined by the highest Courts in New Zealand, drawing on both the common law and international law. Once those Court...

4. Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) [pdf, 294 KB]

   ...such relief.4 While there is specific statutory authority enabling the Court to grant relief, that remedy is not lightly given: Tauhara Middle 4A2B2C – Opepe Farm Trust.5 In that decision, Judge Savage was critical of trustees who had used trust resources incorrectly even though they had relied on advice. 2 Greg Kelly and Chris Kelly, Garrow and Kelly Law of Trusts and Trustees (7th ed, LexisNexis Wellington, 2013) at [28.6]...

5. Belle v Fogi Ltd (Strike-Out Application) [2019] NZHRRT 7 [pdf, 241 KB]

   ...file, leading to her filing of proceedings in the Tribunal in November 2016. Ms Belle claimed lost wages, compensation for maternity leave payments, damages in the sum of $40,000 for hurt and humiliation and costs. [8] Unfortunately, the limited resources of the Tribunal have affected its ability to hear and determine claims in a timely and efficient manner. There was considerable delay after the filing of the claim before a procedural teleconference was able to be convened. [9] On...

6. Family Court Rewrite Submission - Isabel Aldiss [pdf, 149 KB]

   ...Children Act) How long does court take and what are the cost? What happens if FDR fails? What is the Without notice threshold? As a nation we do not like the ides of compulsion. Mandating FDR and PTS was setting it up for people with access to resources to find ways to buck the system. Those with money wasted court time and the legal profession bought into this. Parents can make their own parenting arrangements despite what the politicians believe. Sadly returning lawyers into t...

7. Family Court Rewrite Submission - Warwick Marshall [pdf, 264 KB]

   ...protection legislation and protocols require that workers with these children can demonstrate such commitment and knowledge. 14. A supervisor who is fully qualified (e.g. ECE) and experienced working daily with children can be a great resource for the parties being supervised and for all stakeholders. Insufficient reporting putting children at risk 15. Concern that some providers could be under-reporting, for example: a. If a supervisor is untrained, knows little a...

8. Waitangi Tribunal Hearing Calendar (12 July 2018) [pdf, 432 KB]

   ...17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page | 4 – Updated 12 July 2018 1 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Hauraki, A; Moko-Mead, H; & Burke, C 2 Wai 2200 – Porirua Ki Manawatū – Panel Members: Judge Fox, Phillipson, G; Kidd, D; S...

9. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2021] NZEnvC O l \ IN THE MA TIER OF an appeal pursuant to clause 14 of the First Schedule of the Resource Management Act 1991 AND BETWEEN AND of an application under s 293 of the Act in relation to Noise Contours NORTHPORT LIMITED (ENV-2020-AKL-109) Appellant WHANGAREI DISTRICT COUNCIL Respondent Court: Judge J A Smith Commissioner RM Bartlett Commissioner SK Prime He...

10. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

    ...to take a “steely approach” to the issue of costs. [12] One aspect of a Calderbank offer, of course, is to direct the opposing party’s attention towards the issue of the risks of trial and to not impose unnecessarily upon the Court’s resources. In the present case, another factor to be taken into account using hindsight is that during the course of the hearing it soon became apparent that one of the main planks of the Labour Inspector’s pleaded claim, that Mr Brill negoti...