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1. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...applicant to meet the ownership criteria. 1 “Setting Apart Land as a Māori Reservation” (14 July 1983) 101 New Zealand Gazette 2163 at 2181 2 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) 377 Aotea MB 284 [33] Whatever process is adopted it is unnecessarily convoluted. It is highly unlikely in our view, that the drafters of the legislation had it in mind that beneficiaries of whānau trusts would be ineli...

2. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...and knowledge of the individual or body; and shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries.5 [8] In Clarke v Karaitiana the Court of Appeal determined:6 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, the Court will no...

3. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

   ...hold jury warrants under the Criminal Procedure Act 2011. Employment Court – Employment Court judges are appointed under section 200 of the Employment Relations Act 2000. Environment Court – The Environment Court considers applications and appeals made under the Resource Management Act 1991. The Court consists of a mix of judges and Commissioners and appointments are made after consultation with the Minister for the Environment and the Minister of Māori Affairs. Immigration and...

4. Auckland Transport 156 [PDF, 64 KB]

   ...Court ENV-2017-AKL-000156 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under section 274 of the RMA and an appeal under section 156(3) of the Act Between C N Barbour Family Trust Appellant and Auckland Council Respondent and Auckland Transport Section 274 Party Notice of Auckland Transport’s wish to be party to proc...

5. Auckland Transport 232 [PDF, 64 KB]

   ...Court ENV -2016-AKL-000232 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between Bunnings Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be party to proceeding...

6. Auckland Tranport 155 [PDF, 64 KB]

   ...Court ENV-2017-AKL-000155 Auckland Registry Under the Local Government (Auckland Transitional Provisions) Act 2010 (the Act) and the Resource Management Act 1991 (the RMA) And in the matter of an application under Section 274 of the RMA and an appeal under section 156(3) of the Act Between The National Trading Company Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be p...

7. BORA Passports Amendment Bill [pdf, 298 KB]

   ...becomes apparent that the grounds for cancellation of a travel document on the grounds of national security cannot be established. 18. Under clause 27, the travel document holder (including holders of refugee travel documents) will retain a right of appeal to the High Court against cancellations (ss 28 and 29 of the Act). Notification of the cancellation will be sent to the travel document-holder promptly after it is cancelled, and emergency travel documents may still be issued to peopl...

8. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

   ...new section impairs the rights no more than reasonably necessary as Recovery Managers may only require information ‘reasonably necessary’ for the purpose of the section. The section is additionally subject to provisions in the Act providing an appeals process, exempting personal medical or legally privileged information from mandatory disclose or seizure, and limiting the use of disclosed information to the purposes of the Act; [4] and • the limits are in proportion to the importan...

9. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

   ...Court may order the giving of security for costs if it considers that such an order is just in all the circumstances.9 [16] Overall, the Court needs to balance the interests of the plaintiff and the defendant in the exercise. As the Court of Appeal observed in McLachlan v MEL Network Ltd:10 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for su...

10. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

    ...is frivolous or vexatious or is not made in good faith: (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be, continued: (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person alleged to be aggrieved to exercise. (3) Subsection (2) does not detract from the generali...