Search Results

1. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...some of the relevant background. Background [12] There is sharp conflict in most of the affidavit evidence provided on behalf of the respective parties relating to the events leading up to the dismissals. Those conflicts will remain until the claims and counter-claims can be tested under cross-examination in the usual way. I will endeavour, therefore, to try and summarise the position based on those facts which do not appear to be in dispute. [13] WFA is a registered charity a...

2. Anderson - Estate of Paul Anderson (2013) 2013 Chief Judge's MB 783 (2013 CJ 783) [pdf, 167 KB]

   ...amend a succession order dated 22 August 2008 at 9 Whangarei (Succession) MB 77-80 in respect of her brother Paul Anderson also known as Paoro Anderson or Paul Anihana or Paoro Anihana (Jnr), deceased (“the deceased”). [2] The applicant claims that she has been adversely affected by the order to which the application relates because as trustee/executor of the deceased’s will, she was in charge of making sure the terms of the deceased’s will were carried out. [3] The appl...

3. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...giving rise to personal liability on both issues, then that is the end of the matter. I will not need to make any orders for relief per s 131 of the Trusts Act 2019. However, if I find that there are breaches giving rise to personal liability claims, then I will determine whether relief from personal liability should be granted in part or in full per s 131 of the Trusts Act 2019. [21] In doing that, I must come to my own views about whether further relief orders should be made. T...

4. Hawkins v New Zealand Police [2024] NZHRRT 8 [pdf, 258 KB]

   ...harassment. Those specific grievances are not matters in respect of which the Tribunal has jurisdiction. They are not relevant to the narrow PA 2020 issues before us. We make no comment on the merits of those grievances. [10] At the hearing of the claim the Tribunal made an interim non-publication order in respect of the complainant’s identity. After the hearing Police asked for that order to be made a permanent order. ISSUES [11] The Tribunal must determine the following...

5. [2010] NZEmpC 4 Lewis v Howick College Board of Trustees [pdf, 156 KB]

   ...The subsequent letter advising Mr Lewis of his dismissal merely recorded the Board’s acceptance of the subcommittee’s recommendation that his employment be terminated summarily. The issues [37] As pleaded by the plaintiff in his amended statement of claim, these are five. [38] First, Mr Lewis says that the Employment Relations Authority determined erroneously as matters of fact and law that he was dismissed justifiably. This is, however, a challenge by hearing de novo so th...

6. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 6.3 MB]

   ...the following areas recognised as being of high significance to Maori people: (a) Taiapure established under the provisions of the Fisheries Act 1996; (b) Mataitai reserves established under the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; (c) Areas of significant cultural value (identified in Schedule 6); (d) Sites subject to a Statutory Acknowledgement; (e) A Customary Rights Area recognised under the Marine and Coastal Area (Takutai Moana) Act 20...

7. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...RECTIFY THE DEFECTS? .................................................................................................... 48 Hidden Contingency Fee ............................................................................ 50 Dispute over amount claimed for Insulation and Landscaping .................... 52 Betterment / Painting .................................................................................. 53 The Roof ....................................................................

8. Whaanga - Anewa (2012) 22 Tairawhiti MB 167 (22 TRW 167) [pdf, 238 KB]

   ...area. (b) Although farming is the main operation of the Trust, it also seeks to preserve the area for all beneficiaries, which is why a significant area has been placed in a reservation for the use and benefit of all owners. (c) Mrs Whaanga’s statements with regards to her proposals are nothing but statements of intent. There are no business plans and no assurances that she will do as she has stated. In contrast, the Trust has a business plan that has been in place since 1993....

9. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

   ...reported that internet viewing was “going extremely well”. [11] Dr and Mrs Docker (“the Dockers”) attended the Open Home on 3 August. They knew that the property had just come on the market. There is a dispute as to whether Mr Reed made a statement to them concerning the sale price. [12] The Dockers viewed the house again on 4 August. Ms Tomlinson visited the Dockers that evening and they drafted an offer to purchase the property for $1.050 million. Mr Reed then teleph...

10. Proposed model for establishing a Criminal Cases Review Commission - Redacted [pdf, 282 KB]

    ...referral back to the court should normally be based on new information or argument that is capable of giving rise to a successful appeal, and 19.5. applicants should have a fair opportunity to make their best case for intervention and to an adequate statement of reasons for a decision. 20. In our view, the legitimacy and effectiveness of the CCRC will be enhanced if it is based on these principles. However, we also consider there will be a need to change some aspects of the current...