Search Results

1. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE25849450/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/search-and-surveillance-bill-1#14-see-notably-r 28. It follows that while the issue is, in my view, reasonably finely balanced, the restriction on interim relief does not preclude an effective remedy. Accordingly, no inconsistency arises. Privilege against self-incrimination 29. Clauses 101(5), 125 and 132 of the Bi...

2. Mahanga - Taiharuru 2A1 (2008) 125 Whangarei MB 25 (125 WH 25) [pdf, 2.4 MB]

   ...Mahanga, Ilinewai RahirOi lli Wirel1lu Mahan~Ja alias Hinewai Maihi I-Iunia Mallaflga, I'(iripai Pila Wireillu and Wiremu Pita Wlremu (i"Slre of HlJnin or Wirernu Hunia Mahanga) As previously outlined Hamior<l W<lS ilwarded this block 50101\, . The historical ownership records throe entries following: 1 Hamiora exchanged 5/19 of his interests to his brother Hone Mahanaga, the cGunlerp1Jl'i heing Horahora No. 2B 6 on 11 June 1945 as referenced 22 WH 135. 2 Hone ve...

3. Diamondaras v Rice - Rangiuru Part No 2A Roadway (2017) 159 Waiariki MB 94 (159 WAR 94) [pdf, 224 KB]

   ...improvement to be effected by the Tauranga City Council makes payment of compensation unwarranted. 10 Rice – Part Rangiuru No 2A Roadway (2014) 107 Waiariki MB 148 (107 WAR 148). 159 Waiariki MB 101 [6] The formed part of the road was set apart as a public road by gazette notice on 14 September 1989. Pursuant to section 421 of the Māori Affairs Act 1953….this Proclamation declaring the land described in the Schedule...

4. ENV-2016-AKL-000271 Bunnings Limited v Auckland Transport [pdf, 857 KB]

   ...“The Auckland Unitary Plan Independent Hearings Panel recommends that Auckland Council recommends to the requiring authority that it confirms the further modifications shown in Attachment 2 recommended in response to submissions on designation 101.” 5. Report entitled “Report to Auckland Council Hearing topic 074 Designations – Auckland Transport – Minor matters and errors, May 2016” That the following Panel recommendation at section 4 of the above report be ACCEPTED:...

5. ENV-2016-AKL-000272 J Mawson v Auckland Transport [pdf, 1.1 MB]

   ..."The Auckland Unitary Plan Independent Hearings Panel recommends that Auckland Council recommends to the requiring authority that it confirms the further modifications shown in Attachment 2 recommended in response to submissions on designation 101. II 5. Report entitled "Report to Auckland Council Hearing topic 074 Designations - Auckland Transport - Minor matters and errors, May 2016" That the following Panel recommendation at section 4 of the above report be ACCEPTED:...

6. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...general appeal and an appeal 8 May v May (1982) 1 NZFLR 165 at 170, as cited in Harris v McIntosh [2001] 3 NZLR 721 at [13]. 9 Kacem v Bashir [2010] NZSC 112 at [32]. 2017 Maori Appellate Court MB 101 from a discretion is not altogether easy to describe in the abstract. But the fact that the case involves factual evaluation and a value judgment does not of itself mean the decision is discretionary. In any event, as the Cour...

7. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

   ...administration and development of the blocks would be enhanced by aggregating the blocks, I am satisfied pursuant to s 288(2)(b) that there is sufficient support for the application given the nature and importance of the matter. 119 Waikato Maniapoto MB 101 Section 288(1) Considerations [22] Pursuant to s 288(1)(a) the view of the active owners is clearly in favour of the aggregation. No doubt that is partly because of the desirability of the development, but also because,...

8. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

   ...received by the Trust. The effect of this is that all Trust income is pooled together and distributed to all owners in proportion to their shares. 1 44 Ruatoria MB 247-256 and 45 Ruatoria MB 101. 64 Tairawhiti MB 105 Submissions of the applicants [11] According to the memorandum of counsel, the trustee applicants have considered their obligations under clause 6 of the trust order and under s 244 of Te Ture Whenua Māo...

9. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...consider that the Bill appears to be consistent with the right to be secure against unreasonable search or seizure as affirmed in s 21 of the Bill of Rights Act. 9 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J; see also Williams v Attorney-General [2007] NZCA 52. 10 Ibid at [33]; Hamed v R, above n 4 at [162]. Conclusion 56. We have concluded that the Bill appears to be consistent with t...

10. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

    ...the terms of the written employment agreement. As stated in the judgment: 14 9 Coca Cola Amatil v Kaczorowski [1998] 1 ERNZ 264 (CA at 280. 10 Heeley v Dblshot Ltd [2013] NZERA Auckland 101. 11 Smith, above n 2. 12 At [61]. 13 At [105] and see Hutchison v Canon New Zealand Ltd [2014] NZERA Wellington 72. 14 At [107]. The sections are intended to complement parties’ agreements and indeed, require,...