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1. Tukiri - Te Kopua 3 and 4 (2002) 98 Waikato MB 100 (98 W 100) [pdf, 239 KB]

   ...Mr Robert Te Ngaungau Tukiri, after receiving advice from Te Puni Kokiri, called a meeting of owners to consider the election of new trustees. A meeting was held on 29 September 2001 and nine trustees were nominated. Of these only six completed consents to act as trustees and it is in respect of these six persons that Mr Tukiri seeks an order appointing them as trustees in place of the existing trustees. The land has had a chequered history. It was taken during the Second World War...

2. [2020] NZEmpC 30 Samuels v Employment Relations Authority [pdf, 163 KB]

   ...intention that the Employment Court be empowered to undertake a much fuller inquiry than would be possible under strict rules of evidence. It follows that it is not enough that the Court be satisfied that a brief of evidence contains a hearsay statement and that none of the exceptions in the Evidence Act applies. [53] To put it another way, consideration of whether or not evidence and/or information should be “admitted”, “accepted” or “called for” in this Court will...

3. KX and NX v GV Ltd [2022] NZDT 47 (14 January 2022) [pdf, 212 KB]

   ...old. NM said that she agreed to do so in her 21 November email. 10. However, I am satisfied that NX’s 19 November email was a clear intention to unconditionally accept the 17 November offer to cancel the booking and receive a full refund. The statement in the email “we will therefore have to cancel our booking with you and ask that our deposit is refunded” is clear. The email does not ask GV Ltd to reconsider their policy given their daughter’s age. It simply expresses their d...

4. 25 November 2024 Ngati Whatua Orakei Whai Maia Ltd v Auckland Council [pdf, 249 KB]

   ...northern-western breakwater and causeway at Westhaven Marina - 31 Westhaven Drive, Auckland ENV-2019-304-000014 Ngati Whatua Orakei Whai Maia Limited v Auckland Council Applicant: Panuku Development Auckland Limited Appeal Against Decision Of Consent Authority pursuant to Section 120 of the Resource Management Act 1991 Court Reference: ENV-2019-AKL-000016 1. i. Topic: Topic Number...

5. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEI-00XX-2019 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN H & H and DB as trustees of the H TRUST Applicant AND SR Respondent Date: 10, 31 October, 14 November, 10, 11, 20 December 2019 Appearances: B for Applicant F and S for Respondent __________________________________________________________________________

6. [2016] NZEmpC 167 Labour Inspector v Tech 5 Recruitment Ltd [pdf, 250 KB]

   ...that it had not sought, or received, a premium. [4] Central to both challenges was Tech 5’s recovery of trade testing costs from the carpenters it recruited from the Philippines. Background [5] The trial was conducted relying on an agreed statement of facts supplemented by evidence from Tech 5. Tech 5’s business is labour on-hire. This is a business arrangement whereby Tech 5 recruits and itself employs trades-people, but contracts with builders, contractors or sub-contr...

7. Green - Estate of George Amos [2002] Chief Judge's MB 54 (2002 CJ 54) [pdf, 2 MB]

   ...for alleging lack of value and good faith by M r Green the following: (a) There was insufficient consideration given for the alienation of the land which rendered the transaction wrongful and fraudulent. (b) That there was a lack of informed consent to the sale of the land by the late George Whare Amos owing to the fact that the solicitor for the purchaser Mr Malta Greening Sidney also purported to Act for the vendors. (c) That the particular circumstances in which a solicitor for...

8. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...Ms Valsalan’s evidence that she and Mr Tamplin both told Dr Boizard not to provide any information to Mr Guest. This differs from Dr Boizard’s recollection that it was only Ms Valsalan that told him this. Dr Boizard recorded Ms Valsalan’s statement in Mr Tamplin’s medical records on the day in question. As the notes taken by Dr Boizard were recorded at the time when he had the conversation, the Tribunal prefers the evidence they contain than Ms Valsalan’s recollection provide...

9. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Registrar” was delivered to Mr Brook on 24 January 2012. It was signed by the then delegates to the NZDDC (the defendants), other than Mr Kennedy. The letter advised that termination was as a consequence of irregularities discovered in the NZDDC bank statements associated with disbursements performed by him between July 2011 and September 2011, contrary to Council instructions, as well as repeated failures to explain, address, or account for these and other irregularitie...

10. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

    ...obligations of Trust. She says that the trustees have failed to hold general meetings of owners contrary to the terms of the trust order. In addition, Ms Karaitiana claims that the trustees have failed to account for Trust funds. She refers to bank statements that have been obtained dated May 2010, which disclose multiple withdrawals from the Trust’s accounts. Ms Karaitiana also says that the Trust appears to be dysfunctional and accordingly urgent intervention is required to se...