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1. Oneroa v Kerehoma - Okahukura 8M 2C 2A 2A (2019) 401 Aotea MB 35 (401 AOT 35) [pdf, 330 KB]

   ...to pervert the course of justice that is relevant. [51] This Court performs an important supervisory function with respect to Māori land trusts and has extensive powers to discharge that function. Those powers include requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. When exercising this power, the Court relies on the honesty and integrity of the trustee to assist the Court with exercis...

2. Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) [pdf, 298 KB]

   ...trustees have sorted themselves out. 195 Waiariki MB 115 She says the applicants have been waiting for some 10 to 15 years and the trustees are now unreasonably withholding their consent. [14] Ms Malcom submits that their application is filed without disadvantaging the other owners or taking anything away from any owners' rights to live on and develop their shareholdings. It is the family's dearest wish to see their parents live out their days on the papakāinga...

3. Departmental Disclosure Statement: Canterbury Earthquakes Insurance Tribunal Bill [pdf, 313 KB]

   ...consider claims relating to properties that have been sold following the damage to which the claim relates because these types of claims are novel and legally complex and will continue to be considered by the courts. Where a claim has already been filed in the court, policyholders and insured persons will be able to apply for the claim to be transferred to the tribunal. Policyholders, insurers, insured persons, and the Earthquake Commission can still file claims about their insurance di...

4. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...Process [4] I am satisfied by affidavits of service sworn by Mr Dobbie and Constable R G Powell that the application and related documents were served on both Mr 'Connell and Ms de Cent on 25 May 2018. 4 [5] Neither of the Respondents filed any formal response to the documents, however on 6 June 2018, Ms de Cent sent an email to the Court stating "Christine de Cent and Dylan O'Connell would like to go to mediation with the Gisborne District Council's lawyer...

5. 2021-03-01 ORC - MOC - PC 1 & 8 - provisions, mediation & expert conferencing [pdf, 141 KB]

   ...Management 2020 (NPS-FM 2020), Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) and Resource Management (Stock Exclusion) Regulations 2020 (Stock Exclusion Regulations); and (ii) propose a date for filing a set of amendments (if contemplated) in response to the NPS-FM 2020, NES-F and the Stock Exclusion Regulations. Potential amendments to PC8 2 PC8 introduces new provisions to manage stock access to water and intensive grazin...

6. [2020] NZEmpC 171 Alkazaz v Enterprise IT Ltd [pdf, 243 KB]

   ...abilities and suitability for the role when he applied for it, that it believed that Mr AlKazaz was not competent to carry out the role he had been employed to do and that he did not accept feedback. In addition, comprehensive witness statements were filed in advance of the Authority’s investigation meeting, each of which was directed at these matters. [12] Each of the company’s witnesses could have been cross-examined on their evidence, including the basis for it. It may be...

7. Te Manutukutuku Issue 10 [pdf, 2.8 MB]

   Te Roopu Whakamana i te T iriti 0 Waitangi Tekau Rune 1991 C H A THAM ISLAND:S CLAIMS The Tribunal has received four claims concerning the Chatham Islands. They are: W AI 54 Te Ati Awa Claim The claim, dated 23 December 1987, was filed by Makere Rangiatea Ralp~ LOV0 for the Taranaki Maori Trust Board. While principally concerned with Taranaki confiscated lands, this claim specifies a concern with fishing rights, stating in its claim that the claimants have been prejudi­ cially a...

8. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...costs. Before the final hearing, she sent in a calculation of the value of her personal property at $4,896.95, which would bring her total claim to a figure well over $5,000,00 but she cannot increase her claim over $5,000.00 without paying an extra filing fee. 5. The issues to be determined are: a) Did OI have authority to tow DX’s car? b) Was DX obliged to pay for the towing and storage, and if so, how much? c) Was OI entitled to detain the car and its contents until payment?...

9. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

   ...REASONS Introduction [1] This appeal, concerning the rollover of the designation for Glenorchy Aerodrome (‘D 239’), was allowed in part. Modifications to D 239, by way of conditions, were made subject to leave being reserved for parties to file supplementary submissions on any issues of drafting infelicity.1 Parties’ responses [2] Counsel for QLDC and the appellant (‘Wyuna’) filed memoranda in response.2 Ms Balme for QLDC recommended some drafting refinements that...

10. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

    ...his visa would expire on 27 March 2021. [14] Immigration NZ sent an email to Ms Gibson on 17 March 2021 noting that there had been no response to the PPI letter, so the residence application would be assessed based on the information on the file. Ms Gibson replied to the visa officer on the same day. She said the letter had been missed and sought further time. The extension was declined by the officer on 17 March 2021 (at 1:39 pm), though the officer advised she would accept...