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1. Pulham - Tiro Taupaki (2010) 9 Taitokerau MB 209 (9 TTK 209) [pdf, 54 KB]

   ...for succession to take place. One of the consequences of that is that, given that the estate is intestate, then the interests in the land will likely go to Tiro’s five biological children only and Lena Sarsfield will be excluded as the general law does not recognise whangai children. However, if the land were changed back to Maori freehold land, Lena Sarsfield would be included. The whanau might want to consider that issue further. Ahu Whenua Trust option [37] Finally, I note tha...

2. [2007] NZEmpC AC 44A/07 Tones v 3D1 Ltd [pdf, 52 KB]

   ...he was not an employee, his dispute with 3D1 was outside the jurisdiction of the Authority. [3] Mr Tones has challenged that determination. The matter was heard de novo solely on the question of his employment status with 3D1. The law [4] The test in s6 of the Employment Relations Act 2000 for determining whether a person is an employee was comprehensively discussed by the Supreme Court in Bryson v Three Foot Six (No 2)1. The Supreme Court held that, in deciding whe...

3. [2007] NZEmpC WC 3/07 Tamarua v Toll NZ Consolidated Ltd [pdf, 46 KB]

   ...and reasonable employer would have acted. It had no material or evidence to justify a different course of action. [39] This case concerns a single admitted but comparatively minor act of theft which resulted in a dismissal which in fact and law was justified. The reason for the justification is that the employer acted properly on the basis of what it knew at the time after a fair investigation. There is a reasonable possibility that, had Toll known the explanation subsequentl...

4. [2012] NZEmpC 35 NZ School of Education Ltd v Nafissi [pdf, 115 KB]

   ...be given full weight. Rather, the Authority applied a tariff, at the upper end of the usual daily rate. The award of $3,000 could hardly be regarded as “steely” in the circumstances. In Bluestar, the Court of Appeal found that an error of law had been made in circumstances where the Judge, in determining costs, had disregarded a Calderbank offer that had been made. 28 That is what occurred in the present case. [28] The defendant was awarded the sum of $11,607.81, which wa...

5. SW v UH LCRO 170/2014 (5 February 2016) [pdf, 48 KB]

   ...children’s grandfather was residing with Mr SW. [3] The Court made timetabling directions. Ms UH prepared an affidavit to be filed in Court by her client, Ms VM. LCRO 170/2014 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Standards Committee BETWEEN SW Applicant AND UH Respondent 2 [4] Attached to Ms VM’s affidavit, was a letter written by one...

6. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ...involving directors' liability for defective buildings. At 523 Cooke P referred to Morton, which involved precisely this situation, and accepted that: on the particular facts there was an assumption of responsibility. [42] Secondly, the case law subsequent to Trevor Ivory referred to by Mr Fardell (as set out at [30]) has affirmed personal assumption of responsibility as a requirement of directors' personal liability in respect of a variety of duties of care. Notably,...

7. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

   ...2004. (3) In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to— (a) the context, or the purpose of the law, in which the question is to be determined; and (b) all the circumstances of the relationship. (4) A de facto relationship ends if— (a) the de facto partners cease to live together as a couple in a relationship in the nature of ma...

8. [2015] NZEmpC 215 Rimmer v Carter Holt Harvey Ltd interlocutory [pdf, 160 KB]

   ...about‒ (a) an ultimate issue to be determined in a proceeding; or (b) a matter of common knowledge. [14] In Pora v R, 5 Lord Kerr, delivering the opinion of the Privy Council, said: [26] It was submitted that s 25(2)(a) had abolished the common law rule that forbad evidence being given as to the ultimate issue. The Board does not accept that proposition. The rule may have been modified by the 2006 Act but it still has a part to play in the decision as to whether particula...

9. Hata - Opape 30 (2003) 81 Ōpōtiki MB 201 (81 OPO 201) [pdf, 423 KB]

   ...on how the land would be managed and utilised more efficiently as General land; 2. 3 December 2001 @ 77 OPO 206-221 adjourned for a report from the Registrar on derivation of title; 3. 4 March 2002 @ 78 OPO 74-75 reserved for judgment RELEVANT LAW AND FINDINGS Te Ture Whenua Maori Act 1993 Before the Maori Land Court may grant an order under section 135/93 it must have regard to the matters listed therein and in section 136/93 as follows: 135 Change from Maori land to General lan...

10. MacFarlane v Trustees of the K & T MacFarlane Whanau Trust [2014] Chief Judge’s MB 127 (2014 CJ 127) [pdf, 148 KB]

    ...Whenua Māori Act 1993 the Chief Judge, or the Deputy Chief Judge acting upon delegation, may cancel or amend an order made by the Court or a 2014 Chief Judge’s MB 135 Registrar, if satisfied that the order was erroneous in fact or in law because of any mistake or omission on the part of the Court or the Registrar or in the presentation of the facts of the case to the Court or the Registrar. The Chief Judge, or the Deputy Chief Judge acting upon delegation, may also make s...