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1. 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]...

2. 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...

3. 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...

4. 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...

5. 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...

6. [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...

7. [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...

8. LCRO 78/2019 EW v PT and AM (3 February 2021) [pdf, 142 KB]

   ...the Committee,6 as distinct from the Complaints Service itself. [30] Nevertheless, when looked at objectively, it was logical to separate Mr EW’s complaints in the manner adopted by the Complaints Service: • [Law Firm A] did not have the resources available to them to provide advice about leases or franchise agreements. • Mr AM referred Mr EW to Mr RD for that advice. • Mr RD’s firm was [Law Firm B]. • Mr RD provided separate terms of engagement. • Mr EW was...

9. King v Attorney-General (Application to Remove Proceedings to High Court) [2017] NZHRRT 10 [pdf, 215 KB]

   ...litigation of this potential magnitude there is good reason to concentrate the hearings in one jurisdiction. This can only be done by removing the proceedings from the Tribunal to the High Court. [19] Finally, there is the point that grossly under-resourced as it is, the Tribunal presently has no ability to offer a liability hearing until 2018 or 2019. 7 CONCLUSION [20] Should the High Court grant leave under s 122A(1) of the HRA for the Tribunal to order that all eight of...

10. Hamilton Runs Ltd - EiC - EiC (filed 5 Feb 2021) [pdf, 3.3 MB]

    ...have high rates of burn out and stress, which have the potential to lead to depression and other forms of mental illness, as well as suicide. We have invested in irrigation improvements, taking on this debt to ensure we are using the precious water resource in the most efficient way. We have real concerns which are impacting the mental health of our family members - we have sleepless nights worrying about renewal of consents and what the outcome of PC7 will do to our ability to repay the...