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1. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...did not wish to incur further costs by actively participating in the review. Nature and scope of review [64] The High Court has described a review by this Office in the following way:17 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

2. DT-guide-to-completing-the-application-form-Tongan.pdf [pdf, 213 KB]

   ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...

3. 20241003 Mental Health Bill [pdf, 246 KB]

   ...b. a person may not use force unless they are exercising a specified power in an emergency, there is no reasonable alternative to the use of force, and they use the minimum force that is reasonably necessary in the circumstances. The Court of Appeal in Rosso v R noted that while there is an element of subjectivity in assessing what force is reasonably necessary (for example, there must be an actual belief), the test is objective.12 The purpose of using force will be to enable the...

4. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...percentage approach. 12 319 Waiāriki MB 200-233 at 206. 13 Submissions of counsel for the applicants, John Kahukiwa, 30 October 2023, at 82; Vincent v Lewis (2006) 25 FRNZ 714, [2006] NZFLR 812 at [81]; This summary was also cited by the Court of Appeal in O’Neill v O’Neill [2021] NZCA 585 at [16]. 322 Waiariki MB 39 [13] Mr Kahukiwa specified factors I need to consider in making orders:14 …the next guiding principle is just the nature of what we’re dealing with in...

5. [2024] NZEmpC 247 Courage & Ors v Attorney-General & Ors and EMPC 85/2022 Pilgrim & Ors v Attorney-General & Ors [pdf, 235 KB]

   ...employers as well.3 For the second set of proceedings (which I will refer to as the Pilgrim proceedings) I found that an employment relationship existed,4 and that the employer was the person holding the position of Overseeing Shepherd.5 Leave to appeal that judgment has been granted by the Court of Appeal, on limited grounds.6 Special leave has been granted by this Court, in both Courage and Pilgrim, to remove proceedings against the Overseeing Shepherd for lost wages, penalti...

6. Amendments to Court Rules 2025 [pdf, 522 KB]

   ...Court Amendment Rules 2025. Executive Summary 2 The Rules Committee (the Committee) is a statutory body established under s155 of the Senior Courts Act 2016. The Committee has responsibility for rules of procedure in the Supreme Court, the Court of Appeal, the High Court, and the District Court. 3 In 2022, following two rounds of public consultation, the Committee released the Improving Access to Civil Justice report (the Report).1 This outlined the Committee’s conclusions and recom...

7. [2024] NZEnvC 248 Federated Farmers of New Zealand v Waikato District Council [pdf, 6.9 MB]

   Federated Farmers of New Zealand v Waikato District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 248 IN THE MATTER OF appeals under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2022-AKL-051) TRANSPOWER NEW ZEALAND LIMITED (ENV-2022-AKL-074) Appellants AND WAIKATO DISTRICT COUNCIL Respondent Court: Chief Enviro...

8. MLC - Notification of applications - 31 August 2015 [pdf, 1 MB]

   ...Gilroy or Terence Mania Gilroy or Joseph Terence Gilroy - and succession orders made at 70 South Island MB 116 on 15/09/1988 - Application to the Chief Judge 45/93 Veronica Stanaway - Foster 1. Awaiting Administrative Action A20100011554 11/10/2010 Appeal 2010/14 - Whakapoungakau 24 (Tikitere Trust) 58/93 Anaha Morehu 3. Awaiting Client Action or Information A20100011554 11/10/2010 Appeal 2010/14 - Whakapoungakau 24 (Tikitere Trust) 58/93 Eric Hodge 3. Awaiting Client Action or Information...

9. Barlow v Phillips - Rangitoto Tuhua 55B1B and other blocks (2012) 282 Aotea MB 75 (282 AOT 75) [pdf, 419 KB]

   BARLOW V PHILLIPS MLC 282 Aotea MB 75 [3 May 2012] IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 282 Aotea MB 75 (282 AOT 75) A20080015133 UNDER Section 238 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Rangitoto Tuhua 55B1B and other Blocks (Manu Ariki Marae) BETWEEN FAITH BARLOW AND BEVERLY MURAAHI Applicants AND TEINA PHILLIPS First Respondent AND TE KOTAHITANGA SOCIETY INCORPORATED Second Respondent AND WAITUHI

10. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

    ...specific that little of value can be taken from them. An exception, however, is the litigation in which relevant principles were restated, which began in the Employment Relations Authority, progressed to this Court,3 continued in the Court of Appeal,4 and went to the Supreme Court in Buchanan v Chief Executive of the Department of Inland Revenue.5 [48] In Buchanan, two employees with otherwise unblemished service whose duties included accessing confidential computerised informatio...