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1. Te Manutukutuku 77 [pdf, 7.6 MB]

   ...Waitangi Tribunal Level 7, Fujitsu Tower 141 The Terrace Wellington New Zealand DX SX11237 Tel : 64 4 914 3000 Fax : 64 4 914 3001 www.waitangitribunal.govt.nz Te Manutukutuku is produced and published by the Waitangi Tribunal Unit of the Ministry of Justice, and every effort has been made to ensure that it is true and correct at the date of publication. In this Issue In this issue, we mark two sig- nificant milestones. The first is the release of the final part of Te Mana Whatu Ahur...

2. LCRO 78/2019 EW v PT and AM (3 February 2021) [pdf, 142 KB]

   ...[7] Mr EW sought advice from [Law Firm A] with regard to a claim lodged by him with his Insurer following flood damage to his business premises in City A. [8] Mr AM was assigned to provide this advice. Mr PT was Mr AM’s supervisor.1 [9] As matters progressed, Mr EW advised that he was considering whether to relocate his business to other premises. As a result, it was necessary to advise Mr EW about the requirements of the lease of the premises and the Franchise Agreement under...

3. CAC20006 v Mr D [2013] NZREADT 23 [pdf, 85 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 23 READT 090/12 IN THE MATTER OF a charge laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 20006) Prosecutor AND MR D (LICENSED SALESPERSON) Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member BY CONSENT HEARD ON THE PAPERS DATE OF DECISION ON PENALTY 14 March 2013 REP...

4. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

   JENNIFER KILPATRICK v AIR NEW ZEALAND LIMITED NZEmpC AUCKLAND [2014] NZEmpC 48 [27 March 2014] IN THE EMPLOYMENT COURT AUCKLAND REGISTRY [2014] NZEmpC 48 ARC 46/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for security for costs and a stay of proceedings BETWEEN JENNIFER KILPATRICK Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing:...

5. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 351 (2017 APPEAL 351) [pdf, 288 KB]

   ...The Law [7] Section 79 of Te Ture Whenua Māori Act 1993 provides: 79 Orders as to costs (1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceedings or matters incidental or preliminary to them, by or to any person who is or was a party to those proceedings or to whom leave has been granted by the court to be heard. … [8] The principles that apply to an award of costs were summarised in S...

6. [2016] NZEnvC 153 Auckland Council [pdf, 244 KB]

   BEFORE THE ENVIRONMENT COURT Court: Decision [2016] NZEnvC 153 IN THE MATTER of the Local Government (Auckland APPLICANT Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AUCKLAND COUNCIL (ENV-20 16-AKL -000171 ) Principal Environment Judge LJ Newhook Environment Judge M Harland Date of Decision: 17 August 2016, on the papers DECISION OF THE ENVIRONMENT COURT ON EX PARTE APPLICATION FOR WAIVERS I DIRECTIONS A: The application is...

7. AO v ZH LCRO 301/2011 (12 March 2014) [pdf, 60 KB]

   ...[21] Even if I were undecided in my conclusions above, I have formed the view that AO’s complaints are driven as much by the purpose of avoiding liability for ZH’s costs as anything else and that it would be unreasonable for me now to delay matters further to either return the matter to the Standards Committee and/or seek an independent costs assessment. [22] In this regard, I take into account the fact that the complaint about fees was not raised until August 2011, some four y...

8. [2016] NZEmpC 110 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 88 KB]

   JOHN MATSUOKA v LSG SKY CHEFS NEW ZEALAND LTD NZEmpC AUCKLAND [2016] NZEmpC 110 [29 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 110 ARC 23/12 IN THE MATTER OF proceedings removed AND IN THE MATTER of an application for non-party discovery BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND LTD Defendant Hearing: 24 and 25 August 2016 (Heard at Auckland) Appearances: B Stewart QC, B Nic...

9. [2021] NZEmpC 18 Reid v Ngati Rangi Trust [pdf, 192 KB]

   CASSANDRA REID v NGĀTI RANGI TRUST [2021] NZEmpC 18 [25 February 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2021] NZEmpC 18 EMPC 449/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to dismiss proceedings BETWEEN CASSANDRA REID Plaintiff AND NGĀTI RANGI TRUST Defendant...

10. [2019] NZSSAA 33 (16 May 2019) [pdf, 137 KB]

    ...accordance with the criteria in the Act and regulations, not by any contractual obligation on the part of the Ministry. [22] The question of discrimination raised by the agent, and whether the Act is consistent with the Human Rights Act 1993, are not matters that the Authority can determine and compensate. Relevant discrimination could only affect statutory interpretation and the way we exercise discretions. No such issues arise within the scope of this appeal, we necessarily find t...