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1. [2010] NZEmpC 85 SFWU v Searancke [pdf, 29 KB]

   ...OF JUDGE B S TRAVIS [1] The defendant Ms Searancke has applied for leave to file an amended statement of defence out of time. The defendant’s original statement of defence, filed within time on 19 October 2009, did not seek any relief in response to the plaintiff union’s challenge and, in particular it did not include a counter-claim for reinstatement. By her application dated 26 April 2010, the defendant seeks to file an amended statement of defence, containing a counter-...

2. [2009] NZEmpC AC 54/08 A v The Internet Company of NZ [pdf, 31 KB]

   ...the Court so requires, ICONZ intends to have no further participation with regard to A’s application although counsel for ICONZ has made himself available to provide assistance if required by the Court. I record that this is a most appropriate response from ICONZ but I have not found it necessary to avail myself of Mr Laurenson’s helpful offer. [5] I am satisfied from the written submissions filed by counsel on behalf of A that this Court has the jurisdiction to make the nece...

3. [2009] NZEmpC CC 6/09 Gamble v AgResearch Ltd [pdf, 32 KB]

   ...If the parties are unable to agree on costs, memoranda should be filed. Mr Skelton is to have 14 days from today’s date to file and serve his memorandum. Mr Wall is then to have a further 14 days in which to file and serve any memorandum in response. A A Couch Judge Judgment signed at 9.30am on 30 June 2009

4. [2012] NZEmpC 197 Maritime Union of NZ v Ports of Auckland Ltd [pdf, 71 KB]

   ...involvement in a High Court trial, details of which were provided in an accompanying memorandum. The second ground was that the scope of the evidence filed by the witnesses for the plaintiff was much wider than anticipated, and the evidence in response from the defendant was therefore likely to be more extensive. In the view of the defendant the matter was therefore likely to take more than the three days set aside for it and that it would be undesirable for it to be part-heard....

5. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...witnesses, to other witnesses preparing EICs, to further conferencing etc. Role of Counsel The attendees’ view of the role of counsel on the conferencing process was highly varied. While some counsel had clearly recognised the opportunity and responsibility for agenda setting, discussions with experts and advice to clients, for others the notice from the Court that conferencing was to occur was actioned by simply passing on this notice to the various experts. In our view, there...

6. CAC20004 v Singh [2015] NZREADT 89 [pdf, 172 KB]

   ...and nine. The defendant engaged Ms Oliver in conversation, before handing her his Harcourts business 2 card and telling her to contact him if she wanted “casual sex, no strings attached”. [2] We record that in the defendant’s Response to Charge form, dated 21 November 2014, he denied the charge and declared that he was not at McDonalds Manurewa on 5 March 2013 and that he has not met Jessica Oliver, nor engaged her in conversation, nor handed her a Harcourts busines...

7. Powell - Tunapahore 6 (2015) 118 Waiariki MB 150 (118 WAR 150) [pdf, 188 KB]

   ...[1] Tunapahore 6 is a block of Māori freehold land situated between Opotiki and Te Kaha in the Eastern Bay of Plenty. The main part of the block comprising 541.3294 hectares is administered as an ahu whenua trust and the Māori Trustee is the responsible trustee. There are 6 advisory trustees who assist that office to perform their role. [2] The remaining 74.0575 hectares is administered as Māori reservation set aside as a recreation area, landing place, fishing ground, timber...

8. Bennett - Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) [pdf, 163 KB]

   ...entitled to file any further submissions within 1 month on whether or not orders per s116 of Te Ture Whenua Mäori Act 1993 are appropriate in this case. The case manager is to provide a copy of that provision to the parties. [27] Failing any response further orders per ss 118 and 242 of Te Ture Whenua Mäori Act 1993 may issue in chambers vesting the interests and dealing with any funds held. [28] There will be no order as to costs. Pronounced at 2.15 pm in Rotorua on Tuesday this...

9. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

   ...Ture Whenua Māori Act 1993. [16] Subsection (1) and (2) read as follows: “(1) On constituting any trust under this Part of this Act, the Court may, by order, vest the land and other assets in respect of which the trust is constituted in the responsible trustees or a custodian trustee upon and subject to the trusts declared by the court in a separate trust order. (2) The vesting order shall take effect according to its terms to vest the land or other assets in the person or pe...

10. Naera v Fenwick - Whakapoungakau 24 Block (2012) 47 Waiariki MB 9 (47 WAR 9) [pdf, 141 KB]

    ...Curtis.bidois@eastbrewster.co.nz mailto:david@dowthwaitelaw.co.nz mailto:infor@mokoia.co.nz mailto:Curtis.bidois@eastbrewster.co.nz 47 Waiariki MB 10 Introduction [1] In a judgment dated 23 December 2011 I issued orders appointing George Habib as a responsible trustee by way of replacement for the late Mrs Emery. 1 [2] In that decision I also confirmed that a further judgment would issue on the matter of whether or not a variation to the trust order was appropriate. This d...