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1. BORA Taxation (Neutralising Base Erosions and Profit Shifting) Bill [pdf, 205 KB]

   ...liable if it does not. 18. The section heading at s 143 refers to absolute liability, but because subsection (2) provides what is essentially a defence, we therefore consider this to be a strict liability offence. In doing so, we note the Court of Appeal has confirmed that it is “a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted”.4 19. Strict liability offences...

2. National Standards Committee 1 v Simpson [2020] NZLCDT 36 (10 November 2020) [pdf, 136 KB]

   ...above by Winkelmann J. The offending demonstrates that the Practitioner is unfit to continue practice as a lawyer. [9] The need to maintain the reputation of the profession is also a relevant factor. Sir Thomas Bingham MR for the English Court of Appeal said in Bolton v Law Society in respect of the discipline of solicitors:10 8 Sentencing notes at [39]. 9 Hart v Auckland Standards Committee 1 of the New Zealand Law Soc...

3. [2015] NZEmpC 226 Sheath v The Selwyn Foundation [pdf, 86 KB]

   ...6 NZEMPU v Carter Holt Harvey, above n 3 at [38]. and inexpensive first instance hearings of disputes and the fact that an order for removal by its very nature deprives the parties of a step in the appeal process. Each case will be decided on its own circumstances. The present case is, however, an instance where an order for removal should be made. The applicant, Ms Sheath, is accordingly granted special leave of the Court for an orde

4. John Craig – Rebuttal (dated 12 June 2017) [pdf, 807 KB]

   BI-309448-3-762-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent REBUTTAL BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on r...

5. Judicial appointments expression of interest form [pdf, 116 KB]

   ...indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Civil Criminal Details, including number of appearances Supreme Court ______________________________________ Court of Appeal ______________________________________ Court Civil Criminal Details, including total years’ experience High Court Appellant work ______________________________________ High Court ________...

6. Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) [pdf, 184 KB]

   ...situation, the degree of success achieved by the respondent and the time required for effective preparation. 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 157 Taitokerau MB 31 Should costs be awarded and, if so, in what amount? [9] The starting point is that costs follow the event and a successful party should be awarded a reasonable contribution to the costs tha...

7. Andrews - Tuaropaki E (2005) 82 Taupō MB 206 (82 TPO 206) [pdf, 358 KB]

   ...nothing in Mr Ambler's submissions, with respect, to persuade me that an alternative approach is justified. The statutory framework provided in the Act ensures that the Court retains an essential supervisory role, as underscored by the Court of Appeal in Proprietors ofMangakino Township v Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington) when Blanchard J at pp9-10 stated that the Court is to have the most extensive supervisory powers. In addition, the Trustee Act...

8. Ward - Te Reti A37 (2005) 159 Aotea MB 133 (159 AOT 133) [pdf, 301 KB]

   ...Applicant or Ms Pearson - the land would have been transferred to Mr Ward. I therefore amend the proceedings accordingly. Minute Book: 159 AOT 137 [16] I have also considered the authorities cited by Mr Grieve in addition to the Court of Appeal decision Bruce v Edwards [2003] 1 NZLR 515. I have also reviewed the Maori Appellate Court judgments in re: Part Orokawa 3B - Loma Cleave (1995) 4 Taitokerau Appellate MB 95, in re: Maketu 2A2 - White (1999) 1 Waiariki Appellate MB 116,...

9. Mangu - Motatau 1B3E2 (2003) 98 Whangārei MB 152 (98 WH 152) [pdf, 291 KB]

   ...importance for the beneficial owners, their whanau and hapu. Those references span at least five volumes of the Whangarei and other Taitokerau minute books. Over the years, many applications have been made, decisions including injunctions issued, appeals heard and further decisions handed down." The Applicant's submissions The Applicant stressed that he was simply gifting one of his 42.5 shares in the Land to Mr Paewhenua. He also emphasised that his children consented to the...

10. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

    ...November. The last day for the return of those votes is the 20th December; 2) the fact that there is litigation relating to the Matahina Forest and particular cultural sites. A judgement of the High Court, which allowed settlement to proceed has been appealed by Tuhoe and Ngati Rangitihi interests. A decision was made that the Respondent should pay its creditors and the one million dollars was borrowed from the ANZ Bank and dispersed; to pay solicitors Martelli McKegg the sum of $...