Search Results

1. Chase-Seymour - Paenoa Te Akau (2015) 114 Waiariki MB 195 (114 WAR 195) [pdf, 209 KB]

   ...formerly known Rangatira 8A10E and 8A14A. I made those orders conditional only on the survey of those blocks. I am therefore limited to those issues. Mr Fitzsimmon’s issues arise in relation to Rangatira 8A10B. It is open to Mr Fitzsimmons to appeal the orders should he wish to revisit the substantive matters concerning the partition orders made on 17 December 2012. [31] I therefore make an order determining that the partition orders made on 17 December 2012 be amended per s...

2. Wellington v Wellington - Estate of Henare Haehae Wellington (2015) 104 Taitokerau MB 156 (104 TTK 156) [pdf, 187 KB]

   ...Court and this court is bound to act on that grant. If someone wishes to dispute, for example, the proper execution of a will for which 6 Hodgson – Ropata Wharetoetoe Rare (2004) 34 Gisborne Appeal MB 120 (30 APGS 120). 7 Ibid at MB 124. 104 Taitokerau MB 161 probate has been granted, then that case would have to be decided by the High Court as it has sole jurisdiction on matters of probate. [22] In Tahuparae Judge A...

3. DN v EO LCRO 263/2013 (31 August 2015) [pdf, 44 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 1 Deliu v Hong [2012] NZHC...

4. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...rationally connected with the objective, impair freedom of expression no more than is reasonably necessary, and are in due proportion to the importance of the objective. The limits are small and tightly constrained, and an individual can, under cl 30, appeal a decision to not register a name to the Family Court within 28 working days after the decision was made and the affected party notified. 15. We therefore conclude that the limits on what a person’s name can be are justified for t...

5. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...evidence presented in Cout1, and reject Waaka and Norman Popata's challenges to the vesting orders for the following reasons. [l7] First, there has never been any challenge to the vesting orders in the past. That is, there has never been an appeal or an application to the Chief Judge to cOlTect a "mistake". Thus, the transactions have remained unchallenged for over 40 years and are assumed to be conclusive: s 77 of the 1993 Act. [l8] Second, I reject Norman Popata...

6. [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [pdf, 555 KB]

   ...because that fact was not drawn to the attention of the Court. Subsequently insolvency proceedings were instituted. The High Court decided it was appropriate to continue to consider them, relying on its inherent jurisdiction. [21] The case was appealed. By the time the appeal was heard by the Court of Appeal the defendant had been restored to the Register. The Court of Appeal specifically mentioned the unusual situation that had arisen in the High Court, where orders were made...

7. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...(1990) Ltd: 2 [10] In exercising its broad discretion the Court must have regard to the overall justice of the case, and the respective interests of both parties are to be carefully weighed. The balancing exercise was summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd as follows: The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order f...

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

   ...seek to re-litigate it. Wintec also submits that even were there duress, having accepted the benefits of the agreement and having taken no timely steps to avoid it, Mr Judge has thereby affirmed it. Wintec relies on the decision of the Court of Appeal in Pharmacy Care Systems Ltd v The Attorney-General (2004) 2 NZCCLR 187 (CA) where the elements of duress were summarised as follows: [98] In summary, the elements of duress in New Zealand law today are these: First, there must be a threa...

9. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

   ...employment in light of the “serious problems in this field resulting from the economic difficulties and technological changes experienced in recent years in many countries.” New Zealand has not ratified the Convention but, as the Court of Appeal has recognised, s 66 gives effect to it.7 [11] Section 66 provides an exception to the normal rules of termination, but explicitly not if the point of the fixed-term nature of the employment agreement is to get around those normal ru...

10. Smallman - Te Rangi Kaiamokura [2015] Chief Judge's MB 188 (2015 CJ 188) [pdf, 340 KB]

    ...applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of evidence in the order complained of. 28 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 29 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2015 Chief Judgeꞌs MB 197 [5] However, having considered the Case Manager’s Report and the sufficient opportunities afforded to the applicant opportunity to provide e...