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1. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

2. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   ...staff on a labour only basis with some contractors for particular kinds of work”. The District Court Judge who dealt with the original claim found that the original owners were “in effect head contractors” and this was upheld by Temm J on appeal. Another example of an owner using labour only subcontractors being held to be the “head contractor”. [34] Counsel goes on to assert that the Crightons “did not get advice or employ an experienced tradesperson to supervise th...

3. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...application was framed, and the manner in which Mr JK has approached the review process, has not assisted with progressing this matter to an expeditious resolution. [31] Mr JK notes in his application that he is giving notice that he intends to appeal [review] the Standards Committee decision. [32] He indicates that he is awaiting more documents that will “prove” his appeal. He suggests that when those documents become available, he will be in a position to provide the Legal...

4. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...with the same powers and authorities that the High Court has in respect of trusts generally, under the Trustee Act 1956 and the common law by virtue of the Court’s inherent jurisdiction. This jurisdiction is not exclusive. 9. The Court of Appeal has described the Māori Land Court’s powers with respect to trusts as “the most extensive supervisory powers”. This is in keeping with the 4 Māori Trustee v Smith – Waipaoa 5...

5. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...affected individuals. 3 12.2. Compliance notices: The Commissioner will be able to issue compliance notices to require an agency to do something, or stop doing something. The Human Rights Review Tribunal can enforce compliance notices and hear appeals. 12.3. Strengthening cross-border data flow protections: New Zealand agencies (the name used for any entity handling personal information) will be required to take reasonable steps to ensure that personal information disclosed over...

6. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

   ...their obligations under a trust. At this point our examination of the conduct of the trustees is confined to the finding of inequitable treatment of beneficiaries. The duties that are relevant to the actions of the trustees in the context of this appeal and which we need to consider are those to adhere to the terms of trust, to maintain impartiality between beneficiaries and to avoid any conflict of interest. [37] The authors G E Dal Pont and D R C Chalmers in Equity and Trusts in Au...

7. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...status change remains, albeit in a limited range of situations. It is simply a question of dealing with each particular application on its merits, taking into account the necessary con..''l'iderations. " [14J The High and Court of Appeal judglnents, Edwards v Maori Land Court and Bruce v Edwards [2003] 1 NZLR 515 were cited by counsel. In1portant obiter statelnents were Inade in the High Couti decision concerning the rights of owners and the views of the preferred...

8. LCRO 73/2019 LM v NO (27 July 2020) [pdf, 224 KB]

   ...scope of review [35] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. Stewart v Stewart - Kaiwaitau 6 and Other Blocks (2020) 236 Waiariki MB 37 (236 WAR 37) [pdf, 193 KB]

   ...pathway and take a more analytical approach if it considers that is necessary.6 A review of trust will, therefore, often require consideration of a trust’s performance and the competence of the trustees.7 [36] In Rameka v Hall, the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying out the terms of the trust, proper 5 Proprietors of Mangakino Townsh...

10. [2019] NZEmpC 193 Ikundabose v McWatt Group Ltd [pdf, 214 KB]

    ...basis, whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. In Grace Team Accounting Ltd v Brake, the Court of Appeal affirmed the Employment Court’s finding that it is appropriate for the Employment Court to consider the genuineness of the redundancy. It defined “genuine” as meaning that the decision is based on business requirements and...