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1. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

   ...has sought directions from the Court regarding the procedure for completing a housing project on trust land. [2] Mr Hemana requests urgent directions to enable the papakāinga project to be completed and tenanted within the trust’s available resources without jeopardising its sustainability through further delays and potential insolvency. Mr Hemana submitted that he had convened two meetings of owners on 25 May and 25 August 2018 to discuss important aspects of the project and...

2. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...support of it. More particularly, it says that the employer’s last offer to the union of 26 May 2010 was rejected by union members who responded with a picket of the hotel on 16 June and a strike starting on 17 June 2010. The defendant’s human resources manager, Chloye Chen, says that “The defendant decided to lock out the striking employees with a view to persuading them to accept our last offer.” [21] Although this is only an interim hearing at which the evidence has not...

3. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...for $550,000, and paid the deposit of $55,000. [3] Some two months later, Mr Yan advised Mr Zhang that there were many problems which made building on the property difficult (including the presence of large lava rocks), and that a different resource consent would be required from the one he had received from the vendor. Mr Yan said that he wanted to get out of the contract, and would rather lose his deposit than pay an unlimited amount later to build on the property. [4] At a...

4. ORC & NZ Deer Farmers Association - EIC - Lindsay Fung - 17 September 2021 [pdf, 544 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BET...

5. Duty Lawyer Operational Policy [pdf, 461 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

6. Boyce v Westpac New Zealand Ltd (Non-Party Discovery) [2015] NZHRRT 31 [pdf, 58 KB]

   ...following: [22.1] A witness summons addressed to Mr B Szpetnar. [22.2] Emails and documentation: … around [Mr Szpetnar’s] departure from Westpac Taupo. Including any emails from Ian Blair to any other members at Westpac including all the Human Resources staff members. [22.3] All emails: … between [Mr Szpetnar] and [Mr Blair] between 1 September 2013 and 31 July 2014. [22.4] The final request was for: Four [unidentified] senior Strettons staff members to attend the hearin...

7. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

   ...should pay costs to the party who succeeds should not apply. That said, it is appropriate that the costs ultimately awarded to the appellants should be reduced in accordance with r 14.7(d) because, although the appellants succeeded, the time and resources necessary for the respondent to meet ultimately unsuccessful arguments significantly increased its costs. 13 At [1]. 14 At [19] and see also Water Guard NZ Ltd v Midgen Enterprises...

8. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...temporarily lose the use of the frozen funds. However, information about Mr Taplin’s plans for Queensland indicates that other assets have been acquired there, and a business is being established, which suggests access to reasonable financial resources. I prefer Ms Copeland’s assessment that there will be less damage sustained by the Trust than the damage potentially suffered by the applicants. [45] I also take into account that r 32.6(3) of the High Court Rules means the or...

9. [2024] NZEmpC 7 Amazonia Midco 1 Holdings Ltd v Harding [pdf, 222 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733, applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11], and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 4 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. [8] In weighing the competing factors, regard will be as to the balance of convenience. Overarching consideration will then be give...

10. Johnson v Stone - Estate of Tamati Johnson (2011) 13 Tairawhiti 251 (13 TRW 251) [pdf, 187 KB]

    ...However this could be subjected to change on the death of the Patriarch/Matriarch Whangai children have in many cases have held a special position within the whänau and is sometimes manifested in ways such as special allocation of stewardship and resource allocation. This sometimes led to jealously by other siblings and resentment is developed. Lore/Law: The are many instances where whangai children have inherited land/properties, Taonga etc from their matua whangai and continue...