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1. BA v ZU LCRO 65/2014 (13 May 2014) [pdf, 29 KB]

   ...would be considerable obstacles to an argument that the jurisdiction of this office to receive an application out of time was in any way enlarged by some failure to explain on the part of staff of the Office. As Judge Barber observed in Customs Appeal Authority No. 29/98 (1999) 1 NZCC 51, 128, the jurisdiction of a Tribunal cannot be extended by the conduct or omissions of its staff. [14] A copy of the committee’s decision, when sent as required under s 198, in the absence of p...

2. [2018] NZEmpC 23 Propellor Property Investments Ltd v Elsegood [pdf, 135 KB]

   ...discretion under s 180 there are seven considerations that have been accepted as applicable to a greater or lesser extent in a particular case. While not comprehensive, the list is:3 • if no stay is granted, whether the applicant’s right of appeal (or challenge) will be ineffectual; • whether the challenge is brought and prosecuted for good reasons, and in good faith; • whether the successful party at first instance will be affected injuriously by a stay; • the ef...

3. BORA Accident Compensation Amendment Bill [pdf, 196 KB]

   ...regulation-making power in relation to levies, to allow regulations to specify the maximum amounts or deemed minimum amounts of earnings for levy purposes, or the methods for calculating those amounts; and f. disestablishes the Accident Compensation Appeal Authority, which hears cases under the 1972 and 1982 Accident Compensation Acts. Consistency of the Bill with the Bill of Rights Act Section 19(1) – freedom from discrimination 5. Section 19(1) of the New Zealand Bill of Rig...

4. [2021] NZEnvC 044 Federated Farmers of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 729 KB]

   \ BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND BO PRC Plan Change 10 - Lake Rotorua Decision No. [2021] NZEnvC 044 of the Resource Management Act 1991 of three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWJ .LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COU...

5. Walsh - Whangawehi 1B3E (2004) 180 Wairoa MB 5 (108 WR 5) [pdf, 887 KB]

   ...can be made pursuant to s164/93. (ii) Should preference be given to Robyn Judd as against other members of the preferred class of alienees This matter was considered in the Maori Appellate Court at 9 Waiariki Appellate Court Minute Book 49 in an appeal by Ernest Northcroft. In its judgment the Court stated: " .. . when alienations are subject to preferred class preference being of the class does not give a person rights against other preferred class - the provision is a shield pr...

6. Taueki v Horowhenua District Council - Section 21 Block 1 Waiopehu (2004) 146 Aotea MB 154 (146 AOT 154) [pdf, 265 KB]

   ...{Jf (d) Prohibiting the distribution, by any trustee or agent, or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any ill the affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) ~Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section JTwy be expressed to be binding on the Maori Trustee. (3) Any injunction made by the...

7. BORA Farm Debt Mediation Bill [pdf, 310 KB]

   ...to more protracted legal proceedings. 17. Therefore, it is considered that any limit on the right to freedom of expression is justified under s 5 of the Bill of Rights Act. Section 27 – Rights to Justice 18. Although the Bill contains some appeal rights to decisions that are made under administrative review processes, these do not affect a person’s right to bring a judicial review action with respect to actions made under this Bill. Conclusion 19. We have concluded that the Bi...

8. 3. Ngati Paoa Trust Board - memmorandum of counsel - 6 September [pdf, 116 KB]

   ...and 8, which as the Privy Council observed in McGuire, constitute “strong directions, to be borne in mind at every stage of the planning process”.1 The ongoing relevance of the Privy Council decision has recently been confirmed by the Court of Appeal in RJ Davidson.2 1 McGuire v Hastings District Council [2000] UKPC 43, [2002] 2 NZLR 577. 2 RJ Davidson Family Trust v Marlborough District Council [2018] NZCA 316. 3 (g) A little earlier in time, the Supreme Court...

9. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   ...(b) a conflict of interest exists as he previously acted for all trustees. [5] I consider these issues in turn. 175 Taitokerau MB 253 Legal principles [6] In Accent Management Limited v Commissioner of Inland Revenue,1 the Court of Appeal summarised the relevant legal principles when considering whether to disqualify counsel: [32] The Court has jurisdiction to debar counsel or solicitors from acting where that is necessary in order for justice to be done or to be seen...

10. CAC 401 v Black and Wong [2016] NZREADT 64 [pdf, 84 KB]

    ...from the date of this decision. (b) Mr Black and Mr Wong are fined the sum of $1,500 each, to be paid within 28 days of the date of this decision. (c) Mr Black and Mr Wong are censured. [21] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ______________________ Ms K Davenport QC Deputy Chairperson ______________________ Hon P Andrews Chairperson ___________________...