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1. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

   ...lodge a claim against Mr JS in the Disputes Tribunal. That claim was unsuccessful. Mr and Mrs GP consider that the decision delivered by the Disputes Tribunal was manifestly wrong, but advise that they did not have the financial resources to appeal the decision. Their attention then turned to Mr FS’s involvement in the transaction. [22] The complaints process established under pt 7 of the Lawyers and Conveyancers Act 2006 is a statutory regime which governs the process by which...

2. Justice Matters - issue 04 - September 2016 [pdf, 7 MB]

   ...in how New Zealanders interact with the courts. For example, we’ve reduced by 22% the average age of active District Court criminal category 1 cases (for example, matters subject to a fine) and by 33% the average age of active High Court civil appeal cases. Our customers are mainly interested in when their case will be resolved so with this in mind, we’ve modified our targets to give people certainty and predictability by setting benchmarks for disposal times for around 50 differe...

3. [2017] NZEmpC 27 Dent v Waikato DHB [pdf, 192 KB]

   ...pertains to a letter Ms Dent wrote to Deryl Penju[i]li dated 13 December 2010 (not 13 March 2013 as recorded in the Minute). She confirms the grievance is about bullying by Eileen MacGowan since October 2007. That grievance is the subject of an appeal currently before the Employment Court. It does not require leave or removal. 3 Dent v The Waikato District Health Board [2016] NZERA Auckland 356. Wage Arrears [5]...

4. Cooper - Estate of Reihana Kopa (2016) 131 Taitokerau MB 285 (131 TTK 285) [pdf, 224 KB]

   ...confirms that Māori customary adoptions made after the introduction of the Native Land Act 1909 have no legal effect beyond the recognition afforded by Te Ture Whenua Māori Act 1993. 3.11 This position has been recently confirmed in two Court of Appeal decisions. In Whittaker v Māori Land Court of New Zealand [1997] NZFLR 707 the Court held that “successively there were periods when the parent/child relationship between (Meriana and Ngawini) was recognised by law (1892-1901)...

5. Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust (2016) 138 Waiariki MB 134 (138 WAR 134) [pdf, 234 KB]

   ...failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Clarke v Karaitiana the Court of Appeal noted the extent of the Court’s jurisdiction under s 238 of the Act: 6 [36] … Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court has wide superv...

6. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

   ...Ngatai v Charmaine - Matakana 1A7A (2007) 21 Waikato Maniapoto Appellate MB 147 (21 APWM 147); Bidois - Te Puna 154D3B2B (2008) 12 Waiariki Appellate Court MB 102 (12 AP 102); Whaanga v Niania - Anewa Block [2011] Maori Appellate Court MB 340 (2011 APPEAL 340); and Rudolph v Reti - Otetao B3A2 [2011] Maori Appellate Court MB 143 (2011 APPEAL 143). 5 127 Taitokerau MB 127-132 (127 TTK 127-132). 137 Taitokerau MB 32 [14] In terms of s 329(2)(aa), the occupation orders will be...

7. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [11] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:16 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

8. National Standards Committee 1 v Young [2020] NZLCDT 30 (25 September 2020) [pdf, 183 KB]

   ...Mr Z (contrary to our finding) does speak English, and that Mr Z was an immigration agent. These submissions are completely at odds with our liability decision. If Mr Young wished to challenge that decision, the proper course 6 was an appeal to the High Court. His inability to comprehend this important, fundamental structure, adds to our concern about his ability to recognise quite basic features of legal process, of which the disciplinary process is a straightforward ex...

9. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

   ...it to the 1 In a decision issued on 21 August 2020, the Committee found the defendants guilty of unsatisfactory conduct in relation to non-disclosure of the presence of “Dux Quest” plumbing at the property. That decision is subject to an appeal to the Tribunal. Agency’s Central Relationship Management (“CRM”) system, accessible by licensees at the Agency, including the defendants. [11] The defendants informed one of the trustee owners, Ms D, about the cancelled...

10. Amended affirmation of Mr Gary Taylor 2 December 2016 [pdf, 1.5 MB]

    ...years and are genuinely trying to find equitable and durable solutions. 11. It seems to me that there are signs of a rush to gain approvals to transition to new land uses prior to Plan Change 13 being determined. 12. We are working through the appeal process in the normal way. But meanwhile I consider that the situation has reached a tipping point at which some extraordinary intervention is necessary, at least in the interim. It seems futile to be litigating on a plan change whi...