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1. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...is truly definitional, in that it defines who is Māori. It is, however, somewhat circular. The second part is supplementary to the true definition, in that it includes a descendant of anyone who satisfies the true definition. 447 Aotea MB 101 (b) Second, is it is defined in the singular. It applies to a particular person, including a descendant (singular) of that person. It is not defined in the plural. Put another way, it does not itself define a class or group. (...

2. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

   ...Moreover, as I have outlined above, the circumstances in which a Review Officer might interfere with a Committee’s decision to lay charges in the Disciplinary Tribunal are rare, and generally arise when the Committee has misfired in some way. [101] The matters raised before me by Mr UOY are, in my view, proper ones for the Tribunal to consider. They require careful assessment of all of the evidence, and matching that evidence against the legislative standards of misconduct, neglige...

3. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...hearing. Mediation was set down but did not occur. [12] [13] [14] 8 Expert witness conferencing – 28 April 2022 Expert witness conferencing took place on 28 April 2022.6 Reports available to the experts were the Initia report ref 1016 dated December 2022 (Initia Report) and a T & T report ref 1018382 dated March 2022 (which I understand was in draft at that time – it was later finalised). A Joint Witness Statement (JWS) was provided on 28 April 2022. Foll...

4. [2023] NZIACDT 5 - SM v KIM (15 February 2023) [pdf, 253 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 8 Section 50. 9 Section 51(1). 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 11 Z v Dental Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 12 This is an email address used by Wealand International’s for its recruitment business. 10 From the adviser [52] There is an amended statement of reply (3 August 2022) from Mr Kim, with further su...

5. [2023] NZIACDT 12 - XX v Xu (13 April 2023) [pdf, 252 KB]

   ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 7 Section 50. 8 Section 51(1). 9 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 10 Z v Dental Complaints Assessment Committee, above n 9, at [97], [101]–[102] & [112]. 9 [42] According to the complainant, Ms Xu has not truly confessed her misconduct as she had offered only $1,603 for physical and emotional damages. The family had suffered significant financial loss as a...

6. [2022] NZEmpC 149 Halse v Employment Relations Authority [pdf, 250 KB]

   ...jurisdiction. He submitted that Samuels v Employment Relations Authority was incorrectly decided and that judicial review on natural justice grounds is not available.9 8 Bay of Plenty District Health Board v CultureSafe NZ Ltd [2019] NZERA 101. 9 Samuels v Employment Relations Authority [2018] NZEmpC 138, [2018] ERNZ 406. [11] Mr Beech also submitted that the removal determination cannot be judicially reviewed because Mr Halse has not yet challenged the determination...

7. McCaw Lewis - Rakautatahi 1B2B1A (2022) 97 Takitimu MB 232 (97 TKT 232) [pdf, 499 KB]

   ...trustees. (Emphasis added) [24] Relying on the Court of Appeal’s analysis of the interests of residual beneficiaries, the High Court has also determined that the interest of a residual beneficiary is “property” for the purposes of s 101 of the Insolvency Act 2006.8 [25] The residual beneficiaries of the Tuala-Warren Family Trust have interests in the trust property. Those interests are contingent on survival to the date of distribution and that there is trust property av...

8. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

   ...diagnosis of major depressive disorder, severe with psychotic features could be given. [100] Dr Turner went on to say that she found no evidence that the appellant’s psychotic illness was a result of anything done to her by another person. [101] However, based on the totality of the evidence that has been put forward in this case including the evidence of at least seven medical professional who assessed her, I find that the appellant has suffered a mental injury in terms of the...

9. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 183 KB]

   ...7 June 2018 is quashed. [100] There will need to be engagement between the parties on the issue of the quantum of weekly compensation to be paid to the appellant during this period to take account matters including what he actually earned. [101] Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: P Sara, Barrister and Solicitor, Dunedin for the appellant Young,...

10. LCRO 43/2020 SL v DN (29 September 2021) [pdf, 231 KB]

    ...over a period of six and a half years.32 In that case reference was properly had to the practitioner’s previous disciplinary history when assessing penalties to be imposed. [100] Mr SL does not begin to approach that degree of offending. [101] I do not need to make any decision as to the quantum of the fine imposed but it does seem to me that the Committee has applied the principle of a lawyer’s past disciplinary history somewhat harshly in this instance. Decision [10...