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1. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...sending out letters in two above, details as to whom these have been sent and the replies received. [10] By letter dated 16 October 1987, Housing Corporation advised the Court that letters had been sent to six other owners in the land without a response. Subsequently, a surveyor’s plan was submitted showing the course of the roadway, though without any dimensions and distances shown. On 30 November 1987 the Court staff wrote to Housing Corporation requesting a better plan showin...

2. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...[7] Filed next in time is the combined application for costs from the second, third and sixth defendants who were commonly represented by Crown counsel. These were really the prime defendants on the challenge and their counsel bore the primary responsibility for defending the Authority’s determination 2 and otherwise resisting the challenge. [8] It was in respect of one of these defendants, the Commissioner of Police, that Mr Aarts enjoyed his only, albeit not insubstantial, suc...

3. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...plaintiff says that the defendant Union’s rules deem the members of each plant to constitute a sub-branch of the Union, require each sub-branch to have a president, vice-president, secretary and delegates. It states that delegates’ primary responsibilities are to recruit members, so by implication excluding, or at least minimising the involvement of, other officials from this task. [12] The nub of the challenge comes down to whether s 21 of the Act governs the number and freque...

4. Graham - Parish of Komakorau Lot 240B 2 (2014) 80 Waikato Maniapoto MB 260 (80 WMN 260) [pdf, 185 KB]

   ...frustrating and/or elusive. She has also been frustrated in her attempts to deal with government agencies. She contacted the Waikato District Council and the New Zealand Police. Belatedly she found out that the Ministry of Health are the agency responsible for prosecutions pursuant to the Burial and Cremation Act 1964 but they would not take any action in this matter. Her view is that the applicants have exploited the unwillingness of the Waikato District Council and government...

5. CAC10056 v Ferguson [2013] NZREADT 5 [pdf, 83 KB]

   ...is that he showed a reckless disregard for his duties as a licensee. However, we consider that we must assess his conduct as amounting to a pattern of disturbing dishonesty. [56] Our member Mr Gaukrodger raised the point that there must be some responsibility on the Ray White franchise for failure to supervise the activities of this particular Defendant, possibly even extending to penalty and liability for compensation should such a failure be proved in all the circumstances. We unde...

6. Tohiariki – Section 1F No 2 Parish of Katikati (2013) 54 Waikato Maniapoto MB 31 (54 WMN 31) [pdf, 213 KB]

   ...stresses that the best possible utilisation of the block is for residential housing. [59] Mr Tohiariki pointed to the fact that he has attempted to raise a level of awareness and activity on the block and engage with his whanaunga to take proactive responses to issues such as strategic planning, rates arrears, whānau development and the like. On this point Mr Tohiariki pointed to the applications that he had put into Court to review the operations of the trust. He has made variou...

7. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...prejudice to him by way of the said orders taking effect before the appeal is determined and this outweighs any prejudice to the beneficiaries of the relevant trusts. This is on the basis that: i. He has been in contact with the bank representative responsible for the mortgage and has been assured that the bank does not view this account as in arrears and are comfortable of the current servicing of the debt and see no need for any remedial or urgent action; ii. The cost of upheav...

8. Sherburn v CAC 10017 & Harlows [2012] NZREADT 33 [pdf, 168 KB]

   ...the course of the appellant’s business to advertise the property for sale through the agency of Ray White and to show the property to the second respondents as prospective purchasers, but that it was the appellant as vendor of the property who was responsible for instigating the creation and registration of the restrictive covenants. Mr Hudson submitted that the steps taken by the appellant were those of a vendor and could not be regarded as being conduct in the course of his business...

9. [2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board [pdf, 249 KB]

   ...caseload as an independent midwife. Data compiled from WDHB records and provided by Ms Bland, [a Nurse Manager at WDHB] indicated that from 1 December 2012 to 4 March 2014 Ms Panettiere was involved as the registered LMC for 55 women, had been the responsible midwife at 29 deliveries of babies and had assisted at 41 births. While Ms Panettiere questioned the accuracy of some of the tallies given she said she regarded her independent midwifery business as part-time because she to...

10. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

    ...85. [27] We accordingly address now the question (left open in EF v Toon [2005] NZHRRT 26 (25 August 2005)) whether the Tribunal has jurisdiction to recall a decision and to rehear a case. Account has been taken of the further submissions filed in response to the Chairperson’s Minutes of 29 October 2012 and 16 November 2012 which offered the parties an opportunity to be heard in relation to case law discovered by the Tribunal’s own researches. In his response Mr Reid sought a defer...