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1. Miller v Simon - Ruatanga 1E1C1 (Te Muunu Haimona Trust) (2018) 394 Aotea MB 10 (394 AOT 10) [pdf, 239 KB]

   ...394 Aotea MB 12 [10] Clause 9 of the trust order requires that trustees retire following the expiry of a three-year term of office but are eligible for re-election.2 [11] The leading authority on the appointment of trustees is the Court of Appeal judgment Clarke v Karaitiana.3 I adopt the reasoning of that decision. Discussion [12] On balance, I accept the evidence of those owners who confirm that an election occurred. While there may have been some confusion over the proce...

2. Chapman v Western Bay of Plenty District Council [pdf, 76 KB]

   SUMMARY Case: Chapman v Western Bay of Plenty District Council File No: TRI 2008-101-000100/ DBH 05327 Court: WHT Adjudicator: R Pitchforth Date of Decision: 11 November 2009 Background The claimant pursued his claim for his poorly built monolithically clad house, against: First respondent: Western Bay of Plenty District Council Second respondent: Flora Creative Ltd formerly Landmark Homes Ltd as builders Fifth respondent: Mr Clarke – director of Landmark Sixth

3. Kidd v Grumball [pdf, 76 KB]

   ...TRI-2007-101-22 the Chair of the Weathertight Homes Tribunal said: 6. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: ―Where a final decision has been pronounced by a New Zealand judicial tribunal of competent jurisdiction over the parties to, and the subject-...

4. AB v Secretary for Justice [2019] NZRA 001 (2 September 2019) [pdf, 88 KB]

   ...sentencing on one occasion. She had appearances for pre-trial matters of bail, case review, and sentence indication which are matters that can be taken into account in terms of the Provider Manual. She has appeared as Junior Counsel in the Court of Appeal having drafted the submissions in that matter. [15] When I take those matters into consideration along with her conduct of the PAL 3 matter for which she was granted limited approval, I am satisfied that AB has met the requirem...

5. Crown Pastoral Land Reform Bill [pdf, 149 KB]

   ...fine for an infringement offence must not be more than twice the amount of the infringement fee for the offence (the infringement fee must not be more than $1,000).3 No terms of imprisonment can be imposed; and e. The leaseholder has a right of appeal and review rights as set out in the Summary Proceedings Act 1957 and the Summary Proceedings Regulations 1958. 12. For these reasons, we consider any limits within the Bill on the right to be presumed innocent until proved guilty affir...

6. Medicines Amendment Bill [pdf, 208 KB]

   ...Parliament’s decision to override extant judicial review proceedings by retrospective validation was a violation of its rights to challenge the Kaipara District Council’s decision (about rates) by way of judicial review. The majority of the Court of Appeal held that it cannot be properly argued that validating legislation results in a deprivation of rights in a section 27(2) sense.2 18. Further, the majority agreed with the Attorney-General’s submission that: 1 Andrew Butler an...

7. Water Services Regulator Bill Advice [pdf, 102 KB]

   ...partnership, which arises from the Treaty of Waitangi. The Treaty creates a basis for civil government, on the basis of protections and acknowledgement of Māori rights and interests within New Zealand’s shared citizenry.3 We also note the Court of Appeal’s decision in New Zealand Maori Council v Attorney- General, where the Court said that “[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and waters to the fu...

8. Position profile Environment Commissioners March 2021 [docx, 29 KB]

   ...any number · 9 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit with...

9. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

   ...[7] This consideration must however be balanced against the need to ensure that a statement of claim is sufficiently accurate, clear and intelligible to enable the defendant to be fairly informed of the case to be met (as discussed by the Court of Appeal in Commissioner of Inland Revenue v Chesterfields Preschools Ltd [2013] NZCA 53, [2013] 2 NZLR 679 at [84]). [8] Furthermore, sections 82 and 83 of the Privacy Act 1993 limit proceedings in this Tribunal to matters where there has bee...

10. Position profile: Environment Commissioners [pdf, 107 KB]

    ...• 11 Environment Commissioners of which there can be any number • 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit w...