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1. Reti - Succession to Jemima Reti [2020] Chief Judges MB 1243 (2020 CJ 1243) [pdf, 335 KB]

   ...flaw identified, either through the production of evidence not available or not known at the time order was made or through submissions on the law. 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1250 Issue [15] The issues to determine in this case are: (a) Was an error made in fact or in law or in the presentation of the evidence to the Court which led to an error in the order compla...

2. Waikato Bay of Plenty Standards Committee 1 v Jacobsen [2021] NZLCDT 18 (25 May 2021) [pdf, 186 KB]

   ...109, referring to Dentice v Valuers Registration Board [1992] 1 NZLR 720, 724 – 725. 9 Pillai v Messiter (1989) 16 NSWLR 197. 10 Pillai v Messiter (1989) 16 NSWLR 197, 200. 9 [30] Kirby J’s dicta was adopted by the New Zealand Court of Appeal in Complaints Committee No 1 of the Auckland District Law Society v C where it was held that intentionality is not a necessary ingredient of misconduct. The Court stated: While intentional wrongdoing by a practitioner may well be su...

3. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

   ...[52] General principles of contract law are applicable in the employment context. This is clear from s 162 of the Act, which allows the Court to apply any rule of law relating to contracts. The principle was also stated recently by the Court of Appeal: 6 This date was referred to in Mr Greening’s submission, but not Mr Saipe’s affidavit. 7 Underhill v Coca-Cola Amatil (NZ) Ltd [2017] NZEmpC 117 (footnotes omitted). Co...

4. Joint memorandum seeking direct referral 5 March 2020 [pdf, 3.2 MB]

   ...March and April 2019 by independent commissioners appointed by the Territorial Authorities, who issued recommendations that were accepted, in part, by the Transport Agency. 19. The Transport Agency's decision is currently the subject of two appeals to this Court, by: (a) the Director-General of Conservation ("DOC") (ENV-2019-WLG- 000069); and (b) Queen Elizabeth the Second National Trust ("QEII Trust") (ENV-2019- WLG-000070). 20. All issues as between th...

5. Welsh - Koutu (2019) 197 Taitokerau MB 172 (197 TTK 172) [pdf, 332 KB]

   ...decide whether those on the title hold the land personally or on trust. 1 Tau v Ngā Whānau o Morven and Glenavy – Waihou 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2 Ibid, at [168]. 197 Taitokerau MB 174 Is there evidence contemporaneous with the issue of the title orders which show that this land is held on trust? [5] A certificate of title to the Koutu block first issued on 26 Ju...

6. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...pay a fine of $2,500. The fine is to be paid to the Authority within 20 working days of the date of this decision. [37] 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 __________________ Ms C...

7. LCRO 10/2016 CT v WN (31 October 2018) [pdf, 255 KB]

   ...WN had concerns as to the credibility of the fresh evidence provided by Mrs CT and suggested to Mrs CT that if she advised the Court that she had been confused as to what was required, then the critical statements could be put before the Court on appeal. Mrs CT refused. Instead, she suggested that it was Mr WN who had failed to put the critical statements before the Court, impliedly asserting Mr WN had been negligent. Mr WN declined. He also declined to continue acting for Mrs C...

8. Te Manutukutuku Issue 26 [pdf, 3.1 MB]

   ...fisheries quota. That is a matter to be determined by the Treaty of Waitangi Fisheries Commission. ... It would be more helpful if customary issues were referred to the Maori Land Court in the first instance and to the Maori Appellate Court only on appeal. The Tribunal also considers that, as with references under section 30, the court should sit with additional members with expertise in Maori custom when hearing customary issues. This requires statutory change. ... The question of c...

9. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [pdf, 130 KB]

   ...pm on Tuesday 4 February 2020. 15 See for example s 85 of the Residential Tenancies Act 1986 and s 18 of the Disputes Tribunal Act 1988. As well, a specific power to extend the time for lodging an appeal to the Real Estate Agents Disciplinary Tribunal is contained in ss 111(1) and 111(1A) of the Real Estate Agents Act 2008. 16 Section 2(1)(b)(viii) of the Privacy Act 1993. http://www.legislation.govt.nz/act/public/1988/0110/latest/link.a...

10. LCRO 227/2020 & LCRO 34/2021 PA v NL and UL (22 February 2022) [pdf, 209 KB]

    ...following manner:21 19 UY v FB LCRO 191/2019 (26 November 2020). 20 Conducted by audio-visual means on 4 February 2022. 21 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 8 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...