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1. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...concentrating too much on detail the Court could distract itself from the real issues facing a trust, which may require its direction, but we see no way in which the extent of the Court's investigations can be prescribed and limited as a matter of law. Even if any such prescription could be found, it would be of no continuing relevance as soon as the Court invoked its powers under s 238: 238. Enforcement of Obligations of Trust-

2. [2021] NZEnvC 023 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 6.1 MB]

   ...owners would expressly acknowledge and agree tl1at 12 13 14 2019 Decision at [149]. :tviemorandum of counsel for GVL, dated 22 October 2019. GVL legal submissions dated 26 June 2020 at [lS](c). 7 the vineyard is entitled to undertake lawful vineyard operations, including where it involves disturbing or annoying noise. The covenants would preclude tl1ose landowners from submitting against planning proposals. The covenants would be deemed to confer written affected party app...

3. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

   ...reasonably incurred; (d) the Court has an important role in attempting to facilitate amicable relationships between parties who are invariably connected by whakapapa to an award at the lowest end of the actual and reasonable costs. The Law [7] Section 79 of Te Ture Whenua Māori Act 1993 (“the Act”) gives the Court a discretion to make an award of costs. [8] The principles concerning an award of costs in this Court were summarised by the Māori Appellate Court...

4. Gemmell v Gemmell - Mohaka A4 Trust [2015] Māori Appellate Court MB 114 (2015 APPEAL 114) [pdf, 456 KB]

   ...M J Wenley for the appellant B Fletcher for the respondent Judgment: 08 May 2015 RESERVED JUDGMENT OF THE MĀORI APPELLATE COURT Copies to: M J Wenley, Willis Toomey Robinson Scannell Hardy Lawyers, Private Bag 6018, Napier 4142 B Fletcher, Gascoigne Wicks Lawyers, PO Box 2, Blenheim 7240, bfletcher@gwlaw.co.nz 2015 Māori Appellate Court MB 115 TABLE OF CONTENTS Introduction ..............................................

5. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...counsel for the Authority point out in their written submissions, the Tribunal has previously categorised such appeals as appeals against the exercise of a discretion.12 This requires an appellant to establish that the Committee made an error of law or principle, took into account irrelevant matters or failed to take account of relevant matters, or that the Committee’s decision on penalty is plainly wrong. More recently, there has been some controversy as to whether this is the...

6. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2010] NZWHT Auckland 39 [pdf, 186 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000012 [2010] NZWHT AUCKLAND 39 BETWEEN DAVID LINDSAY CAMERON, BRENDA MURIEL CAMERON and GEOFFREY HEWIT MYLES as Trustees of the NORMAC TRUST Claimants AND DAVID LAWRENCE STEVENSON First Respondent AND CHRISTOPHER JOHN CHOTE Second Respondent AND BMW PLUMBING LIMITED Third Respondent AND CARTER HOLT HARVEY LIMITED (Removed) Fourth Respondent AND BRIAN MUSSON (Removed) Fifth Respond

7. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...evaluation indicates that overall the PBA process is generally sound/robust but still requires some further work/”tweaking”. The teachers would have their attestations recognised. The evaluation indicates that the PBA process is inherently flawed and requires significant redesign. [28] Atelier produced its final report “Evaluation of the Practice Based Attestation Pilot” in November 2009. It noted that the evaluation: indicates considerable success for the pilot and of...

8. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...grounds for termination which were said to have caused the defendant to lose all trust and confidence in him were: 1. failing to obtain a manager’s license promptly; 2. unsatisfactory performance in failing to follow up or respond to various lawful requests including monitoring incoming calls, investigating buses stopping outside the hotel, presenting a marketing plan, investigating the introduction of Sky TV, organising an express checkout system, investigating the introduc...

9. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

   ...agreed that the matter falls to be determined under s 103A of the Employment Relations Act 2000, in light of the recent decisions including Air New Zealand v V.2 [39] Ms Singleton’s main submission was that the defendant’s process was so flawed that Fonterra could not have reached a substantively fair decision. She argued that the disciplinary process breached Fonterra’s own disciplinary policies, generally accepted employment law principles and good faith obligations. Ms...

10. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

    ...2007 closing Mr Mok‟s business and arranging treatment for him and had little time to attend to the leaky building issue. At the end of 2007 Ms Ho said that she approached the respondents to discuss settlement but was advised by the Boyds‟ lawyer that they would not mediate. Ms Ho then applied for an addendum report which was issued on 7 April 2008. Mr Medricky recommended a complete reclad in his addendum report. [9] The claimants then sought tenders for the remedial...