Search Results

1. 2021-02-22 Special Advisor (Ian Gordon) - submission on Willowridge s 281 application [pdf, 150 KB]

   ...where Judge Hassan considers questions of whether s 274 applies should be viewed not with a view to legal nicety, but with the view that submitters and intended parties are “intended to be given a fair opportunity to continue to be heard in plan appeals related to the matters or topics that their submission addresses”. This view is supported by earlier High Court authority albeit in respect of different provisions: see Countdown Properties (Northlands) Ltd v Dunedin City Council...

2. Insley v Insley - Awanui Haparapara No 4B (2019) 211 Waiāriki MB 68 (211 WAR 68) [pdf, 371 KB]

   ...withdrawn then there is no need for the removal application to proceed any further and it is accordingly dismissed. 12 Nicholas v Gibbons – Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/nicholas-v-gibbons-poike-82019appeal-682019-appeal-68-.pdf https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/nicholas-v-gibbons-poike-82019appeal-6820...

3. Boase - Wharengaere No 3 (2019) 205 Taitokerau MB 227 (205 TTK 227) [pdf, 180 KB]

   ...appoint a trustee, the Court shall have regard to the ability, experience, and knowledge of the person and shall not make an appointment unless it is satisfied that the person is broadly acceptable to the beneficiaries. [14] The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.1 In that case the Court confirmed that the views of the beneficiaries will be compelling, unless there are relevant disqualifying considerations:2...

4. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...directs that Mr Zhang’s letter of apology (attached to Ms Harrison’s submissions) is to be forwarded to the vendor. [34] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ____________________ Mr G Denley Member __...

5. [2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd [pdf, 210 KB]

   ...requested, however, that leave be reserved to Mr Cousens to be able to bring further applications if the compliance order remains unsatisfied. I deal with that matter at the end of this decision. [14] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.4 Those factors are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, without...

6. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...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. [20] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.8 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

7. COVID-19 Public Health Response Amendment Bill [pdf, 687 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 14. Although infringement offences do not result in a criminal conviction,5 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.6

8. Spicer - Ngāporo No.2 (2023) 465 Aotea MB 21 (465 AOT 21) [pdf, 289 KB]

   ...beneficiaries to the trouble and expense. (b) A trustee need not hesitate to apply where there are factual or legal difficulties and sufficient at stake to warrant the cost. 9 Tito – Mangakahia 2B2 No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86) at [28]. 10 The New Zealand Guardian Trust Company Ltd v Hewitt (1998) 1 NZTR 8-001; Melville v NRMA Insurance NZ Ltd (2002) 1 NZTR 12-002; and Holland v Jonkers [2021] NZHC 3469. 465 Aotea MB 26 (c) Questions...

9. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...the mediation/conference should proceed by telephone or audio- 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygi...

10. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

    ...mediation/conference should proceed by telephone or audio-visual link, or be 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene...