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...Court, upholds the Mana of the Waitangi Tribunal Court who uphold my own Mana as a Treaty Partner and ask that you digest the importance of my appeal. 8 It should be noted that pre 2000, the various Crown agencies accepted representative of Waiheke Island at that time, was th...
...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. 9 Application A20150001847. 99 Taitokerau MB 102 (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by t...
...justice. [20] I find that the principles of natural justice apply to the Secretary when making a decision in respect of an application by a practitioner. In Ngati Apa Ki Te Waipounamu Trust v Attorney-General [2004] 1NZLR 462, the Court of Appeal at p 471 stated that: “where legislation empowering a person to make a decision omits positive word importing obligation of natural justice the common law will impose it”. See also Wiseman v Borneman [1971] AC 297 where it was h...
...at the factors mentioned in r 12(3), the word “flagrancy” also appears in s 121(2) of the Copyright Act 1994, in relation to the calculation of damages for infringement under other parts of the Act. RIANZ referred to the New Zealand Court of Appeal decision in Wellington Newspapers Ltd v Dealers Guide Ltd [1994] 2 NZLR 66 as an indication of the approach that the Tribunal might take. However, we think that s 121(2) operates in an entirely different context to the present one. That...
...and vindication of a plaintiff’s possessory right: Mayfair Ltd v Pears.8 [17] In TCN Channel Nine Pty Ltd v Anning an award of $25,000 in a case concerning an intrusion on to land to obtain a television interview. The New South Wales Court of Appeal in that case found: 9 The hurt to feelings, humiliation and affront to dignity experienced by the respondent was aggravated by the way in which the appellant acted in the course of its trespass. It confronted the respondent with c...
...opposing the application. 27 Tairawhiti MB 200 [25] They submit that the order made by Chief Judge Williams at 2003 CJ 189- 191 on 4 September 2003 may be subject to a further application under s 44 of the Act or an application for leave to appeal out of time should be filed. [26] It is submitted that the order made by Chief Judge Williams to remedy the injustice inflicted on the Tamati whānau instead inflicted a further injustice on the beneficial owners of Whareongaonga...
...thinks reasonable. [25] The usual position adopted by this Court in costs, once it is accepted that they should follow the event, is to make an award of two thirds of reasonable and actual costs incurred. That is confirmed by the three Court of Appeal authorities earlier mentioned. 8 The principles applying have more recently been confirmed in Belsham v Ports of Auckland Ltd. 9 [26] I have already indicated that I am not prepared to accept the plaintiff’s submissions in resp...
...adverse reporting of Mr Roy’s allegations. [20] The defendant cannot and does not oppose publication of information relating to Mr Roy’s case once the Court has made a decision which will itself become a public document. Subject to rights of appeal, the judgment will be the last word in deciding what happened leading up to Mr Roy’s resignation and the consequences in law of that. The defendant submits, in effect, that the Court’s conclusions in a judgment will be from a...
...this Court. That would cut across the legal rights of the current owner of the land in manner beyond the contemplation of the relevant provisions of the legislation. Doubtless the granting of the application would also provoke judicial review or appeal proceedings on the grounds that the Court would have acted outside of its jurisdiction and without the consent of the owner of the land. It is difficult to see how either possibility might assist the applicant. [25] The only other...
...but provided no information regarding the nature of his complaint. It is not evident what material complaint he could have made. [9.2] He said he had not received “the rights of natural justice”, and was engaging a lawyer to represent him to appeal the Tribunal’s decision. In addition he claimed that: [9.2.1] He had not been negligent, and provided some information from his file. [9.2.2] He had not increased fees beyond his agreement. [9.2.3] He had taken reasonable steps to del...