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1. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...Principles of Real Property Law (2nd ed, LexisNexis, Wellington, 2014) at 3.004(a). John Burrows (ed) Land Law (online looseleaf ed, Brookers) at C06. Resource Management Act 1991, ss 339(2)(b) and 340. [35] This approach has now been upheld on appeal. 14 [36] The texts referred to by the High Court address these concepts in detail, as did Dr Palmer's submissions before me as amicus. Relevantly, a lease creates a leasehold estate which is less than the freehold and is therefore...

2. Te Manutukutuku Issue 72 [pdf, 3.3 MB]

   ...district inquiries and on two urgent inquiries. Those were the Kiwifruit Marketing and Ngāti Maniapoto / Ngāti Tama Settlement Cross­Claims inquiries. Justice Joe Williams, the former Chair person of the Tribunal, was appointed to the Court of Appeal in December 2017. While he was the Chief Judge of the Māori Land Court, Justice Williams served as Deputy and Acting Chairperson from 1999 to 2004 and then as Chairperson up to his appointment to the High Court bench in 2008. ...

3. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   IN THE ENVIRONMENT COURT AUCKLAND ENV-2015-134 IN THE MATTER OF Of the Resource Management Act 1991 and of an appeal under Clause 14 of the First Schedule of the Act BETWEEN MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent SUBMISSIONS FOR THE ATTORNEY-GENERAL 4 December 2017 CROWN LAW TE TARI TURE O TE KARAUNA PO Box2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Contacts: Jeremy Preb ble /Nicholai Anderson J eremy.Preb ble@...

4. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [pdf, 199 KB]

   ...direction: https://legislation.govt.nz/act/public/2007/0015/latest/whole.html#DLM407307 https://legislation.govt.nz/act/public/2007/0015/latest/link.aspx?id=DLM1440300 13 (c) a claim for recognition as a refugee or a protected person, and any related appeal or matter: (d) a matter relating to immigration sponsorship: (e) a matter relating to an immigration obligation: (f) an appeal in relation to an immigration matter … 7 What constitutes immigration advice (1) In this Act...

5. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...necessary to protect the health and safety of those in the immediate area and property from damage, and to prevent prohibited items from being taken onto aircrafts.12 Reasonable expectations of privacy are lower in public places 53. The Court of Appeal has observed that “reasonable expectations of privacy are lower in public places than on private property.”13 In the specific context of air travel, it is suggested that individuals have a lowered expectation of privacy at an internat...

6. Gay v Tupara-Katu - Succession to Boy Kapua [2021] Chief Judge's MB 1120 (2021 CJ 1120) [pdf, 292 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [23] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cou...

7. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...annulled more than 10 years after the date of the order. Parties affected by orders made under the Act must be able to rely on them. For this reason, the Chief Judge’s special powers are used only in exceptional circumstances. [36] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:14 13 Ashwell – Rawinia or Lavina Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 14 Inia v Julian [2020] NZCA 423 at [10]....

8. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...the plaintiffs’ submissions opposing the application for strike out. 24 As confirmed in New Zealand Fire Service Commission v New Zealand Professional Firefighters’ Union Inc [2005] ERNZ 1053 (CA) at [13]. ... [65] The Court of Appeal in Attorney-General v Prince outlined the standard principles which apply to such an application:25 a) Pleaded facts, whether or not admitted, are assumed to be true. b) The cause of action or defence must be clearly untenable. c) Th...

9. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...after the unsuccessful judicial settlement conference. Ms L had in the meantime been able to find alternative lawyers to represent her, funded by legal aid. As an outcome she only recovered 10 per cent of the estate, approximately $23,000. An appeal to the High Court was taken, led by an experienced practitioner, Mr Zindel. The appeal was also unsuccessful. [46] Her costs therefore greatly exceeded the recovery. Despite the huge reduction in the anticipated size of the estate,...

10. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

    ...trustee who acted honestly and reasonably and who ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court. An important decision concerning the application of s 73 is Wong v Burt, where the Court of Appeal stated: [57] In our view, this is not a case in which the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable - it was downright...