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1. [2022] NZEmpC 235 THL (2005) and ors v NEN and MDL [pdf, 179 KB]

   ...arguable case the actions alleged to have been taken by the first respondent constitute prima facie breaches of the express and implied terms of his employment agreement with companies in THL Group, his statutory duty of good faith, and his common law duty of fidelity to his employer. [24] Those are all matters within the jurisdiction of the employment institutions. 2 High Court Rules 2016, r 32.3(2)(a). 3 Dotcom v Twentieth Century Fox Film Corp [2014] NZCA 509, (2014) 22...

2. Bennett - Maungatautari 3A 5A 4H 2A (2002) 99 Waikato MB 47 (99 W 47) [pdf, 1.5 MB]

   ...be immediately repaid and for interest to be charged . The Court does not see this as a practical solution. It has to be accepted that the situation has arisen and a response to it has to be reasonable and practical. There are difficulties at law in justifying a charge of interest. The most sensible way of dealing with the overpayments is to treat them as advance distributions and for them to be repaid from future distributions. It will take some time for repayment to be made. Thi...

3. CAC 306 v White [2016] NZREADT 38 [pdf, 154 KB]

   ...required. He referred to s 41 and Schedule 1 of the Building Act 2004, which provide that a building consent is not required for building work which is a “replacement with a comparable component or assembly in the same position … including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters and Drainlayers Act 1976”. [24] Mr Wenley submitted that Mr Crockford’s evidence (summarised at [16] and [17], above) did not...

4. Fong v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 014 [pdf, 154 KB]

   ...the papers, and when the review decision was released. (b) Mr Fong was not represented at the hearing and was not aware that he could file evidence or a statement in support of his application. (c) Mr Fong could not previously afford to engage a lawyer and was not able to find legal counsel when he returned to New Zealand. [3] On 29 January 2024, Ms Arnold for the Corporation submitted that the Corporation was not prejudiced by the delay in filing the appeal and the Corporation d...

5. [2024] NZEnvC 074 GI Finlay Trustees Ltd v Western Bay of Plenty District Council [pdf, 175 KB]

   ...Act, the Court may order any party to pay to any other party the reasonable costs and expenses incurred by that party. The Environment Court Practice Note also sets out guidelines in relation to costs. However, it does not create an inflexible law or practice. [7] Relevantly the Environment Court, unlike the High Court, does not have a general practice that a successful party is entitled to costs. The purpose of a costs award is not to penalise an unsuccessful party, but to co...

6. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...declared that they have no interest; and (f) this is a case with clear and special circumstances outside the ordinary lUn of applications and so the Court should exercise its discretion to change the status fioom Maori fioeehold to general lando The Law [6] Section 136 ofTe Ture Whenua Maori Act 1993 states: " .. ° The lv1aori Land Court may make a status order under section 135 where satisfied that: (a) the land is beneficially owned by not more that 10 persons as tenants...

7. Te Tii (Waitangi) B3 Trust (2013) 62 Taitokerau MB 115 (62 TTK 115) [pdf, 89 KB]

   ...are cultural mores that influence the circumstances in which it might be deployed – and such cultural considerations merit a greater dissertation than I can offer in this short decision. Nor do I need to measure this conduct against the criminal laws pertaining to public decency. I am only interested in the whakapohane incident in relation to the appointment of Ms Harawira as a trustee. [18] The important point for present purposes is that whakapohane is a rarely used gesture of...

8. IT v A Ltd [2023] NZDT 419 (6 September 2023) [pdf, 195 KB]

   ...hearing. The hearing continued in his absence pursuant to s43 of the Disputes Tribunal Act 1988, but I considered the evidence he had presented to date. What were the terms of the contract and was there any agreed variation? 6. The common law of contract applies. For a contract to be enforceable there must be agreed terms. The burden of proof rests on the Applicant to establish his claim on the balance of CI0301_CIV_DCDT_Order Page 2 of 4 probabilities. But where a pa...

9. Jones v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 97 (4 June 2024) [pdf, 169 KB]

   ...Jones formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. [10] On 3 May 2024, Mr Jones submitted that his appeal should be accepted out of time because the review of 2015 was conducted unlawfully and resulted in a miscarriage of justice. [11] On 14 May 2024, counsel for the Corporation noted the significant delay, the lack of any compelling explanation for that delay, and the fact that there is no live substantive issue in...

10. Hay - Estate of Douglas Allan Huirama Te Kohera Hay (2018) 50 Te Waipounamu MB 144 (50 TWP 144) [pdf, 217 KB]

    ...left out, but is upset about not being notified, and doesn’t want to be in the whānau trust. She wants to take her shares out, but their father said, it’s not for individuals, it’s for everyone and we need to stick together as a family. Law [14] The relevant part of section 214 of the Act states: 214 Whānau Trusts (1) The Court may, in accordance with this section, constitute a whānau trust in respect of any beneficial interests in Māori land or General land owned...