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1. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...injunction should ordinarily be granted in favour of a plaintiff whose rights have been 7 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 188 Waikato-Maniapoto MB 157 affected, subject to certain exceptions where damages may be a more appropriate remedy. 8 The exceptions are: (a) If the plaintiff acts (or fails to act) so as to become disentitled to an in...

2. Katipa v Dobbs - Harataunga 2C1 [2015] Chief Judge's MB 635 (2015 CJ 635) [pdf, 338 KB]

   ...in the present case is similar to with the issue dealt with by the Māori Appellate Court in Hetaraka - Karikari 1B1B. 9 As in the present case land which was solely owned was recommended to be set aside as a Māori reservation. The sole owner appealed. The Māori Appellate Court upheld the appeal and annulled the recommendation. The Court noted that the written consent of the sole owner was not obtained and he was not present at the hearing and there is no evidence that he received...

3. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   BEFORE THE ENVIRONMeNT COURT AT AUCKLAND IN THE MATTER: of the Resource Management Act 1991 AND IN THE MATTER: of appeals purswant to clause 14 of the First Schequle to the Act BETWEE;N MOTil'I ROHE MOANA TRUST (ENV-2015-AKL-0001.34) AND NGATI MAKiNO HERITAGE TRUST (ENV~2015~AKl.,000140) NGAti ·RAN(SINUI IWI INCORPORATED soc·1ETY · ·· · (ENV.:201 fr-AKl.;000141) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ANO VARIOUS Section 274 Parties STA...

4. 4. Roebeck affidavit (with exhibits) [pdf, 7 MB]

   AFFIDAVIT OF DAVID IAN ROEBECK FOR THE NGATI PAOA TRUST BOARD IN SUPPORT OF APPLICATION TO EXTEND TIME FOR FILING AN APPEAL 31 AUGUST 2018 Counsel instructed: J D K Gardner-Hopkins Phone: 04 889 2776 james@jghbarrister.com PO Box 25-160 WELLINGTON Solicitors on the record: Todd Greenwood Greenwood Law Limited Phone: 021 082 43911 todd@greenwoodlaw.co.nz PO Box 642 WAIHEKE ISLAND 1840 IN THE HIGH COURT CIV-2018-AKL-000...

5. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...an unusual outcome against the backdrop of a finding of unjustified dismissal, and one that I do not consider viable in this case. 16 Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198, [2015] ERNZ 361 at [108]. The Court of Appeal declined leave to appeal in Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191. 17 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) at [20]. Compensation for humiliation, loss of dignity and injury t...

6. Welcome Guide Information for court and tribunal interpreters v2.pdf [docx, 1.7 MB]

   ...requests by the interpreter during a court hearing should be addressed to the judicial officer. The following guidance is from the code of conduct in the Ministry’s Quality Framework: Talking to a judicial officer A judge of the High Court, Court of Appeal and Supreme Court is referred to as “Justice” followed by their surname. A judge of the District Court or other court (such as the Employment Court or Environment Court) is referred to as “Judge” followed by their surname. A jud...

7. Family Court Rewrite Submission - Youth Law [pdf, 453 KB]

   ...to be undertaken into how the outcomes of the Family Court proceedings are communicated to the child. The Lawyer for the Child guidelines contain a requirement that lawyer for child must provide advice to the child about the outcome, the right to appeal and the merits of an appeal. However, there is no proposed means of how this is to be achieved.35 We believe that lawyer for child should speak to children at the end of the proceedings to advise them of the influence that their view had on...

8. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...undertook to speak to the plaintiff about it and to come back to Mr Reed. [11] Mr Climo met the plaintiff and his wife on 16 February and told them that Mr Reed was not happy with the 10 February letter and considered that it amounted to an appeal and that Mr Reed said that he would set the letter aside. Mr Climo told the plaintiff that the letter was too strong and may have damaged the plaintiff’s relationship with Dynea and, if the case was reopened, there was the possibility...

9. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

   ...circumstances a decision to suspend summarily and without inquiry of the affected employee will need to be justified as that term is defined now in s103A of the Act. [34] The severity of suspension from employment was recognised by the Court of Appeal almost 25 years ago in a case involving a probation officer, Birss v Secretary for Justice [1984] 1 NZLR 513. In Birss Richardson J wrote at p521: Suspension is a drastic measure which if more than momentary must have a devastating e...

10. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

    ...the ordinary meaning of the word “arranges” and to the protective purpose of this part of the ER Act, however, it must be construed relatively widely. [87] In Giltrap City Limited v The Commerce Commission [2004] 1 NZLR 608, the Court of Appeal considered the meaning of the term “arrangement” in s27 of the Commerce Act 1986. It concluded that, to establish an arrangement, it was not necessary to rely on concepts of mutuality, obligation or duty and that the ultimate inq...