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1. Deputy Registrar v Severne - Okahukura 8M2C2C2B (2017) 365 Aotea MB 174 (365 AOT 174) [pdf, 193 KB]

   ...constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [17] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where is was said: 1 [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 cons...

2. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...Auckland Council in Support of Notice of Motion under section 291 of the RMA Applying for Waivers/Directions. 5 (a) In the 2016 decision Re Auckland CounciF the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section...

3. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...Auckland Council in Support of Notice of Motion under section 291 of the RMA Applying for Waivers/Directions. 5 (a) In the 2016 decision Re Auckland CounciF the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section...

4. [2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment [pdf, 280 KB]

   ...awarded against Chirag Ahuja. [18] In deciding on costs in this case, I am cognisant of the recent decision of the High Court in the Commissioner of Inland Revenue v New Orleans Hotel (2011) Ltd.9 That decision, only recently issued, may yet go on appeal. However, in view of the outcome in this case, the issue of whether the Labour Inspector incurred costs in using in-house Ministry counsel does not arise. [19] I emphasise that the stand on costs in this case is taken because...

5. Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (2016) 54 Takitimu MB 164 (54 TKT 164) [pdf, 326 KB]

   ...been recommended and gazetted, the Crown cannot acquire this land. 4 Muraahi v Phillips - Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528) 5 Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM356880 54 Takitimu MB 168 [15] In that case the Chief Judge had before him an...

6. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

   ...complaint with potential monetary loss was the advice provided after Immigration New Zealand made an adverse decision regarding the complainant and her family’s migration. There is no evidence that the inadequacy of advice regarding rights of appeal, and the legal obligations to leave New Zealand resulted in monetary loss. The complainant has written and said that, at least until recently, her family have remained in New Zealand. It seems likely that they have taken independent advi...

7. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...incorporation's affairs and appoint some person or persons to hold office as an additional member or additional members of the committee of management. 36. In both the Maori Trust Boards Act and the Te Ture Whenua Act, there is an avenue for appeal and reinstatement for any person removed due to a personal order that does not affect their ability to deal with property. In addition, the PPPRA provides for a reference to the Maori Land Court where it appears that an application for the...

8. BORA Misuse of Drugs Amendment Bill [pdf, 124 KB]

   ...1 R v Oakes (1986) 26 DLR (4th) 200 (Canadian Supreme Court); S v Bhulwana; S v Gwadiso (1995) 2 SACR 748 (South African Constitutional Court) and R v Sin Yau-Ming [1992] LRC (Const) 547 (Hong Kong Court of Appeal) 2 R v Hansen [2007] NZSC 7 3 Important and Significant Objective 14. As noted above, the purpose of the amendment is to restrict the availability of ephedrine and pseudoephedrine to make it more difficult for potential m

9. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...Section 21 does not affirm the right to be secure against all searches and seizures, just those that are unreasonable. It requires that certain procedural safeguards be established around the powers to ensure that they are reasonable. 14. The Court of Appeal has indicated that a balancing exercise is required to determine whether a search or seizure is unreasonable. The balance is between the legitimate interests of the state in law enforcement and the privacy interests of the individual....

10. PSPLA - Form N: Apply to Have a New Company Director or CEO [pdf, 613 KB]

    ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...