Search Results

1. LCRO 196/2013 XM v WG [pdf, 481 KB]

   ...organise a renunciation of Mr HY’s appointment as an executor; (b) mismanaged the tender process; and (c) advised a real estate agent that she had a contract with a party whose land was adjacent to the estate land, which would entitle her to claim a commission on the sale of the estate land, if the neighbour proceeded to purchase all or some of the blocks from the beneficiaries. [48] Mr LP also submitted that the Committee, in conducting its inquiry had made a number of proce...

2. [2006] NZEmpC CC 7/06 NZ Meatworkers Union Inc v Alliance Group Ltd [pdf, 156 KB]

   ...leave benefits of the Act. If they are regarded as continuing employees, they retain those benefits from season to season. [2] This issue affects the terms of employment of many thousands of seasonal meat workers. The plaintiff’s claim challenges the correctness or current application of judgments of a full Court of the Employment Court in 1992 and of the Court of Appeal. [3] The matter came to the Court for hearing at first instance by way of a removal from the E...

3. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   2015 Chief Judge’s MB 228 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIARIKI DISTRICT A20110007137 CJ 2011/46 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF The Māori feehold land known as Te Karaka No. 1A and Rotoiti 3G1 Blocks BETWEEN TORO HAIMONA Applicant AND THE TRUSTEES OF TE KARAKA NO. 1A AHU WHENUA TRUST Respondent Hearing: 10 March 2013 at 93 Waiariki MB 216-258 (Heard at Rotorua) A

4. Davies v Trustees of Te Tii Waitangi B3 Ahu Whenua Trust - Te Tii Waitangi B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) [pdf, 397 KB]

   ...circumstances; and the detriment would need to have been sufficiently substantial to justify the intervention of equity. … [99] Having reviewed the above authorities it is clear that the modern trend is to adopt a more flexible approach when considering claims in equitable estoppel. Nevertheless at least three main elements must be met. Those are: (a) A creation or encouragement of a belief or expectation; (b) A reliance by the other party; and (c) Detriment as a result...

5. LCRO 43/2016 XZ v QW [pdf, 209 KB]

   ...XZ had an obligation to provide continuing financial assistance to Ms XZ. [67] Mr XZ’s lawyer responded on 13 May 2014. Suggestion that he should make financial contribution to Ms XZ was emphatically rejected. Argument was advanced that her claim was both “unmeritorious and flawed” and that his “obligation to maintain Ms XZ has long since expired”. It was Mr XZ’s position that he would only negotiate a settlement on the basis of all outstanding relationship property matter...

6. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   ...rendered in mid-2008 were not paid by Mr Hart. It is his evidence that Mr Hart paid half of this amount at a point when Mr D had complained to the Law Society in April 2009. Mr D then sought payment of the balance through a Disputes Tribunal claim and the balance was paid prior to that hearing in January 2011. [14] There is a dispute on the evidence because Mr Hart says: “When I instructed Mr D I made it clear to him that payment for his work was subject to the LSA accepting hi...

7. Proprietors of Potikirua Block Incorporated v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 82 (2013 CJ 82) [pdf, 1.3 MB]

   ...Injunction is to remain extant before the Maori Land Court until the subject application has been determined. 8. The subject application stems from a previous application filed by Waiter Rika on 1 November 2010 consisting of the same subject matter and claim, but which sought a Judicial Conference pursuant to section 67 of the Act (A20 1 000 12111). 9. On 24 January 2011, Deputy Chief Judge Fox directed, in relation to the section 67 application, the following: Do not set down for hea...

8. Mr-Rasheeds-Submissions-of-37-Families.pdf [pdf, 619 KB]

   ...suppression is problematic for these reasons and to make comments judged appropriate. Issue 32 Were first responders from Police confrontational or aggressive towards those shot? 32. This question is submitted to be in scope. To the extent that this claim, if made out, suggests serious shortcomings in the Police response it is again a matter on which comment or recommendations may be required. It is clearly part of the circumstances in which the deaths may have occurred. Whether the...

9. Employment Court Practice Directions Mahi Aronga as at 1 September 2024 [pdf, 421 KB]

   ...hou te tautuhi mā te ara kōhure pērā i ngā reta tāmiramira, ngā tītaha, te tāraro rānei. Me whakakōnae me te tuku ngā tārua mākahia, wātea hoki. Me whai te inoi panoni i muri i roto i te upoko te nama tika, hei tauira “Second amended statement of claim”. Hoki ki mua 11 | P a g e 10. Ngā tauākī wawao ki ngā tauākī kerēme panoni 1) E whai ana i te tikanga o te Kōti Teitei i raro i te High Court r 7.77, e hāngai ana ngā tepenga wā ki te whakak...

10. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

    ...to do this by imposing additional controls on land use in the Waikato and Waipā River Catchments, including on farming activities. It has been promulgated to address significant freshwater quality issues in accordance with the National Policy Statement – Freshwater Management and is intended (and required) to give effect to Te Ture Whaimana o Te Awa Waikato Vision and Strategy for the Waikato River, which is part of the Regional Policy Statement. This is required by the Act and t...