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1. Complaints Assessment Committee 304 v Foreman [2017] NZREADT 3 [pdf, 158 KB]

   ...he brushed these posts with a wire brush, gently sanded them to remove any loose paint and then painted over the existing paint with Resene Rust Arrest Red Oxide to prevent rust. He said he did not see at any time bogged sections (as Mr Parker claims), rust or any other problems with these posts and says if he had done he would have immediately had any issue investigated.  In 2005 to 2006 Mr Harman was engaged to construct a new garage and storeroom. The flat roof of the old g...

2. Hamon v Te Maari Mangakino Pouakani Marae (2020) 233 Waiariki MB 296 (233 WAR 296) [pdf, 263 KB]

   ...Pouākani Block. The current trustees are Alan Te Maari, Anahera Pederson, Erina Te Maari, Irihapeti King, Lois Shelton, Memory Hineari Rore Te Whaiti, Oram Whakaataku Hepi, Raiha Rapatini, Rangihauata Blaney and Wilma Kingi. [4] The applicants claim to be beneficiaries of the Marae. None of the applicants currently reside in Mangakino. [5] On 6 December 2018, the trustees of the Marae notified an Annual General Meeting (‘AGM’) to be held on 15 January 2019. That meeting wa...

3. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...Davenport’s submissions, the union’s case is that cl 26.6.1 contains an agreement under s 17, from which it is reasonable to extrapolate that annual leave is to be calculated in days. [72] There was no evidence about the bargaining claims that existed before the collective agreement was settled or, for that matter, the terms of settlement. The stark position presented by each party was that the collective agreement contains holiday provisions in weeks, and one in weeks...

4. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

   ...employees, overtime and Saturday work. His approach to Mr Nakarawa then and now was that above everything else, the interests of the company were to be served. The particular circumstances of the individual counted for nothing. This has coloured his claimed recollection of events and has diminished the weight we are prepared to give to it. 13 [50.4] As the Tribunal listened to the evidence of Mr Casey the clear impression gained was that he had what is best described as tunnel v...

5. Sycamore v Kusabs - Paenoa Te Akau B [2024] Chief Judge's MB 1323 (2024 CJ 1323) [pdf, 907 KB]

   ...trustees are: a) Fred Nicholl, 32 Rata Street, Wairakei, Taupo 3332 b) Kiri Potaka-Dewes, R D 4 Okere Falls, Rotorua c) Nick Duff, 255 Hurstmere Road, Takapuna North Shore City 0622 d) Rose Spain, 62 Rotongaio Road, R D 2, Taupo 3378 3. The claim is that the order made at 114 Waiariki MB 195-203 dated 3 March 2015 on partition of Paenoa Te Akau is wrong as the area of Paenoa Te Akau B is shown as 8.3043 ha, made of two portions split by the Korukomoana Road, the two portions...

6. Rautangata v Rautangata– Opuatia No 6D No 2D Block (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132) [pdf, 99 KB]

   ...the Act provides as follows: 18 General jurisdiction of court (1) In addition to any jurisdiction specifically conferred on the court otherwise than by this section, the court shall have the following jurisdiction: (a) to hear and determine any claim, whether at law or in equity, to the ownership or possession of Maori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation of any such right, title, estate, or interest: ......

7. Legal aid for civil family disputes - Tongan [pdf, 850 KB]

   ...Ko e fakamatala te ke ala fiema‘u´ ‘oku ala kau ki ai ‘a e: • fakapapau‘i pe kuo´ ke ‘osi ma‘u atu ha tokoni fakalao kimu‘a • ngaahi tohi pe pepa fekau‘aki mo ho‘o keisi´ • tatau ‘o e tohi ‘eke huhu‘i´ (notice of claim), pe ko e fakamatala ‘o e ‘eke huhu‘i´ (statement of claim), pe ha ngaahi tohi kehe ‘oku fakamatala‘i ai ‘a ho‘o keisi´ • ngaahi tohi ‘oku hā ai ‘a e fakaikiiki ‘o ho‘o pa‘anga hū mai´, ‘o hangē ko e lau�...

8. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...Wrightson on 21 May 2010 about the property and made an offer which led to them and the vendors signing a sale and purchase agreement on 1 June 2010 apparently at $330,000. [5] MacPherson’s barrister wrote to the appellant on 25 August 2010 claiming that, as vendor, he owed MacPherson commission of $16,425 because the Fishers had been introduced to the property by MacPherson. The appellant also alleges that, in sending such a letter via his barrister, the licensee did not follow RE...

9. VN v AG LCRO 224 / 2011 (17 May 2013) [pdf, 89 KB]

   ...you bringing an action against [the original lawyer] for damages in these circumstances.”8 Having considered the information and the Practitioner’s analysis, I can find no fault with it. [28] I noted that the Applicant relies heavily on a statement in the Report written by the Resource Management Consultant who had stated, in unequivocal terms, his opinion that there was a conflict of interest when the original lawyer acted for the Applicant while at the same time being a law...

10. Smith v Smith - Waipaoa 5A2 and other lands (2017) 64 Tairawhiti MB 270 (64 TRW 270) [pdf, 217 KB]

    ...with the former, shouting abusive slogans in the presence of children, threatening phone calls and related misconduct does little to endear those concerned to the beneficiaries of the marae or to the Court. In fairness I acknowledge that these claims are without independent evidence or verification and remain as yet unproven allegations. This issue will be discussed later in this judgment. In any event, that this conflict almost spilled over into open confrontation at the site in...