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1. [2008] NZEmpC AC 38/08 McKean v Board of Trustees of Wakaaranga School [pdf, 23 KB]

   ...and Health Waikato v Elmsly [2004] 1 ERNZ 172. [7] In this case the defendant made a Calderbank offer of settlement before the hearing began. As the judgment of the Court of Appeal in Elmsly confirms, the Court should usually make a “steely response” where the offeree does not better the Calderbank offer. [8] The defendant’s legal costs since September 2004, when the challenge was filed, amount to $139,174.90 including GST. Disbursements amount to a little less than $8,000....

2. Kīngi v Eru - Whakapoungakau 24 (2014) 111 Waiariki MB 20 (111 WAR 20) [pdf, 146 KB]

   ...meeting. Following an election process that also made provision for postal voting the successful candidates were Jackson White, Georgina Whata and Jewel Matthews. These nominees now seek appointment. [2] Mr Kīngi, one of the two remaining responsible trustees, has recently raised serious allegations of procedural impropriety concerning the election. He suggests that an inquiry should be held into the allegations before the Court proceeds with the application to appoint replaceme...

3. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...effectively been brought to an end, the plaintiff seeks reimbursement of the costs he has incurred in this Court. The defendant company did not file a statement of defence or take any other steps in the proceeding but has filed submissions in response to the plaintiff’s costs memoranda. [3] It is necessary to understand the background to this matter to put the application for full costs, and the defendant’s response, into context. The plaintiff, Mr Hill, was dismissed from hi...

4. [2013] NZEmpC 215 New Zealand Cards Ltd v Ramsay [pdf, 32 KB]

   ...decision remains to be made by this Court. [6] If the plaintiff wishes to respond to Mr Thompson’s memorandum of 28 May 2012, a memorandum in reply must be filed and served by 4pm on Friday 3 May 2013. This time limit must be observed. [7] In response to that minute, Mr Beresford filed a 12 page memorandum on 3 May 2013 and a further 7 page memorandum on 6 May 2013. [8] In deciding costs, the Court usually applies the principles arising from three leading decisions of the Court o...

5. BORA Trusts Bill [pdf, 161 KB]

   ...have access to the full range of beneficiary powers when they reach 18, unless they otherwise lack capacity to manage their own affairs. Until then, either a parent or guardian or the courts act for beneficiaries. All can reasonably be considered responsible proxies for those under 18 in this context. Discrimination by disability 15. We have also considered whether the Bill also raises the issue of prima facie discrimination on the grounds of disability, in particular intellectual or p...

6. Mariu - Owhaoko B and D Trust (2017) 372 Aotea MB 86 (372 AOT 86) [pdf, 215 KB]

   ...seeks the appointment of Cyril Mako and Ngaire Kauika-Stevens as replacement trustees following their nomination at a meeting of owners held on 19 November 2016. [2] Opae Steedman, a sibling of Mrs Kauika-Stevens, objects to her appointment as a responsible trustee. He says that his sister, due to her past conduct, is not a suitable trustee. [3] At the hearing held on 19 April 2017 I reconfirmed Cyril Mako as a responsible trustee and reduced the number of trustees by one as Te Ran...

7. AB v CD LCRO 38/2009 (28 April 2009) [pdf, 26 KB]

   ...financial interest in the mortgagee. It was clarified (on 23 January 2009) that he was a shareholder and director in a trustee company which held shares as a bare trustee of the holding company of the mortgagee. [4] [Mr AB] replied to [Mr CD]’s response on 8 December 2008. In that response he reiterated his complaint and stated that there was no default under the mortgage in question. He stated that the issue of a Property Law Act notice was a “gross overreaction”. [Mr CD]...

8. 2021-02-05 Central Otago Winegrowers Association Evidence of James Dicey Appendicies [pdf, 991 KB]

   ...funding. Reporting directly to the Product Development Director, working as a Programme Manager developing the development and implementation of core business applications (including £1m budgetary control). Promotion to Information Manager with sole responsibility for the development of the business intelligence layer, reporting directly to the WebPerform executive. • Programme Management: co-ordination and implementation of multiple software and organisational projects. Project man...

9. OWRUG & Grape Vision Ltd - EiC - J Dicey - Horticulture (4 Feb 2021) - appendices [pdf, 991 KB]

   ...funding. Reporting directly to the Product Development Director, working as a Programme Manager developing the development and implementation of core business applications (including £1m budgetary control). Promotion to Information Manager with sole responsibility for the development of the business intelligence layer, reporting directly to the WebPerform executive. • Programme Management: co-ordination and implementation of multiple software and organisational projects. Project man...

10. [2021] NZEnvC 128 Boyd v Queenstown Lakes District Council [pdf, 240 KB]

    ...Jackson and Lorna Gillespie. 2 The Proposal enables the court to consider rezoning the Land to Lower Density Suburban Residential Zone and to amend the Urban Growth Boundary (‘UGB’) at Orchard Road and Riverbank Roads. 3 based on that response.3 Joinder of section 274 parties [3] Mr Ian Percy was the only s274 party to the Boyd appeal as at the date QLDC filed its proposed s293 directions. In response to the court’s directions, further s274 notices to join the appea...