Search Results

1. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...reason to believe the company will be unable to pay Mr West costs if PGC is unsuccessful in the proceeding. c) It is just in all the circumstances to order security for costs. [5] In his supporting affidavit of 9 October 2014 Mr West deposes: 10.1 PGC has sold all its NZ based assets and therefore will have no cash in New Zealand. 10.2 PGC’s remaining material assets comprise ownership and shares in offshore entities Torchlight and EPIC. 10.3 There are now a significant num...

2. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...for each section and the trustees of each section were the occupiers and occupations orders for each site were granted. 7 Heta – Taiharuru 4C3B (2010) 99 Taitokerau MB 164 (99 TTK 164) and 101 Taitokerau MB 119-145 (119 TTK 145). 66 Tairawhiti MB 165 [36] A copy of the trust order issued in relation to that decision is attached to this judgment. [37] The trustees and the owners will need to review that trust order an...

3. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...by Mr Judge disclose no reasonably arguable course of action; and [9.3] the claims made by Mr Judge are an abuse of process of the Tribunal and/or are vexatious. [10] Mr Judge opposes the Wintec strike out application on the grounds that: [10.1] Wintec dropped its “investigation” into Mr Judge’s parking fines following Mr Judge’s complaint to the Privacy Commissioner. Therefore no settlement in respect of the privacy interference has ever been made; and [10.2] he signed...

4. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...number were recorded on documents submitted to Immigration New Zealand. The adviser’s response [9] The adviser responded to the Statement of Complaint by filing a Statement of Reply. [10] In the Statement of Reply the adviser accepts she: [10.1] Was a “voluntary worker” for Universal Immigration Services Limited. That company apparently provided immigration services. [10.2] Was aware of the complainant and acted for him, but did not refer to any personal dealings with him....

5. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...14 See Challenge Realty Ltd v Commissioner of Inland Revenue, above n 9, at 54; and Clark v Northland Hunt Inc, above n 6, at [33]. Relying on Stevenson Jordon & Harrison Ltd v Macdonald and Evans [1952] 1 TLR 101 at 111. 15 By considering Adrian Merritt “‘Control’ versus ‘Economic Reality’: Defining the Contract of Employment” (1982) 10 Australian Business Law Review 105 at 118. The references to fundamental test and economic reality a

6. [2022] NZACC 31 – Rigney v ACC (9 March 2022) [pdf, 261 KB]

   ...statutory liability in excess of the hours approved in the decision of 23 July 2020. Accordingly, the respondent submits that the decision is correct and should be upheld on appeal. 1 Waaka v Accident Compensation Corporation [2003] NZACC 101. 2 Rameka v Accident Compensation Corporation [2013] NZACC 219. 3 Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1, [2010] NZFLR 884, (2010) 28 FRNZ 483 at [32]. Further Submissions of the Appellant [29] Mr Carlyle filed further s...

7. Deputy Registrar - Ihaia Taueki Trust (2005) 161 Aotea MB 96 (161 AOT 96) [pdf, 430 KB]

   ...not matter because they just don't want to hear it, they don't want to reconcile what good work we might have done as trustees to the picture they have painted within their own minds, which is kei te pai. " Minute Book: 161 AOT 101 Discussion [18] The trustees and beneficial owners are all linked by whakapapa as descendants of Thaia Taueki. This is then a whanau dispute. Factions have developed with, it would seem, little prospect of resolution at the present time....

8. Easthope v Pirikia - Te Ngae Farm Trust (2012) 62 Waiariki MB 92 (62 WAR 92) [pdf, 261 KB]

   ...determination it follows that, as this trust is a whenua tōpū trust, the use and administration of the land vested in the trust is to be undertaken for the interests of the Ngāti Rangiteaorere hapū. The trust order as a whole 62 Waiariki MB 101 [37] Clause 2 must be read in conjunction with the rest of the trust order. This context confirms that the beneficiaries are members of Ngāti Rangiteaorere, who are descendants of Rangiteaorere. This interpretation is consisten...

9. KOTUHI Shane Hasan Francis Sharif (CSU 2011 WGN 000217) [pdf, 73 KB]

   ...April 2011, on the condition that CYF would remain involved with Shane, to support him and to apply for the independent youth benefit. [11] The Ministry was at this time informed by Mr Kotuhi’s lawyer for the child, that he wished for the s 101 custody order to be totally discharged. [12] Mr Kotuhi’s social worker did not oppose the discharge of the custody order because since early 2011 Mr Kotuhi had refused to live in the approved placement. At discharge the Court ordered...

10. KH v ED [2018] NZDT 1434 (20 September 2018) [pdf, 248 KB]

    ...will be responsible for these trees causing a nuisance and damage” under the Property Law Act. In my order of 3 July 2018, I said: ED is incorrect for the following reasons: a. The Tribunal has jurisdiction to hear the claim in tort (section 10(1)(c) of the Disputes Tribunal Act 1988) in respect of: “(i) the destruction or loss of any property: (ii) any damage or injury to any property: (iii) the recovery of any property.” The “property” is KH’s trees. b. Un...