Search Results

1. Constitutional Advisory Panel Full Report 2013 [pdf, 4.4 MB]

   New Zealand’s Constitution A Report on a Conversation He Kōtuinga Kōrero mō Te Kaupapa Ture o Aotearoa NOVEMBER 2013 NEW ZEALAND’S CONSTITUTION: A Report on a Conversation | He Kōtuinga Kōrero mō Te Kaupapa Ture o Aotearoa NEW ZEALAND’S CONSTITUTION: A Report on a Conversation | He Kōtuinga Kōrero mō Te Kaupapa Ture o Aotearoa New Zealand’s Constitution A Report on a Conversation He Kōtuinga Kōrero mō Te Kaupapa Ture o Aotearoa 1 NEW ZEALAND’S CONSTITUTION

2. Hearn v Parklane Investments Limited [pdf, 178 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI 2008-101-000045 BETWEEN ALISON MARGARET HEARN, MURRAY DEANS and HARTHAM TRUSTEES LIMITED as Trustees of the A HEARN FAMILY TRUST Claimant AND PARKLANE INVESTMENTS LIMITED First Respondent AND EMPA GROUP CONSULTANTS LIMITED Second Respondent AND WELLINGTON CITY COUNCIL Third Respondent AND RAJU MORAR, NEESHA MORAR and ISHWERAL MORAR as Trustees of the I & R MORAR FAMILY TRUST Fourth Respondent AND MARK ANDREW D

3. MLC 2019 October National Pānui [pdf, 383 KB]

   Contents: Applications for hearing in OCTOBER | WHIRINGA-Ä-NUKU 2019: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz OCTOBER | WHIRINGA-Ä-NUKU 2019 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. F

4. [2009] NZEmpC CC 21/09 Solid Energy Nz Ltd V Manson Ors [pdf, 73 KB]

   ...reimbursement of the remuneration lost over the 12 months following their dismissal. The plaintiff opposed any extension of the sums prescribed by subsection (2). [42] For the plaintiff, Mr Shaw referred me to the decision of the Court of Appeal in Rongotai College Board of Trustees v Castle 1 in support of the proposition that there must be a causal link between the plaintiff’s actions and the loss suffered to found a claim for reimbursement. Based on this general pro...

5. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...that Mr Bryson had to provide his own tools. However, in addition to the control in respect of actual duties, his hours of work each week were specified. He was not simply on call as and when required. Justice McGrath in the dissenting Court of Appeal judgment adopted a similar approach ([2004] 2 ERNZ 526, 530). [28] Mr Downey occupied a totally different position. While there were duties required to comply with the rules of racing, and in performance of his judicial functions...

6. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...set out the relevant principles and case law: 4 [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. … [41] In a recent decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summar...

7. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...estate will be regulated services. [48] TF disagrees with that decision for the following reasons: - (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Millett...

8. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...authority of Atkinson v Auckland District Law Society (NZLPDT: 50/8/90, N Marque, Chair) preferring the approach in Australia in relation to a medical practitioner; Pillai v Messiter (No. 2) (1989) NSWLR 197, 200, a decision of the Australian Court of Appeal. In the C decision [33] the Court held: “To conclude, the Atkinson test adopted by the Tribunal incorrectly includes within the definition of professional misconduct falling within s.112(1)(c) and in other respects, is not par...

9. 4 Auckland Standards Committee v Stirling 2010 NZLCDT [pdf, 224 KB]

   ...authority of Atkinson v Auckland District Law Society (NZLPDT: 50/8/90, N Marque, Chair) preferring the approach in Australia in relation to a medical practitioner; Pillai v Messiter (No. 2) (1989) NSWLR 197, 200, a decision of the Australian Court of Appeal. In the C decision [33] the Court held: “To conclude, the Atkinson test adopted by the Tribunal incorrectly includes within the definition of professional misconduct falling within s.112(1)(c) and in other respects, is not par...

10. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

    ...must be returned to the relevant agency. The Court must continue to make the decision or determine the proceedings without regard to the classified information or as if the information had not been available in making the decision subject to the appeal or review. We understand that if the withdrawn classified information was the evidence relied upon by the decision maker, on review or appeal without that evidence the decision will appear to be unsupported by evidence and the challenge b...