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1. Deputy Registrar v Pacey - Te Murera Ruka [2016] Chief Judge's MB 963 (2016 CJ 963) [pdf, 307 KB]

   ...5 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 6 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2016 Chief Judge’s MB 972 applicant must establish on the balance of probabilities that there was a mistake or omission. Discussion [20] In the context of this case, and in exercising my jurisdiction under s...

2. [2017] NZEmpC 149 P v A [pdf, 184 KB]

   ...He relied upon the decisions of Muir v Commissioner of Inland Revenue2 and the Supreme Court’s decision in Saxmere Co Ltd v Wool Board Disestablishment Co Ltd.3 In respect of the Muir decision, P quoted the following passage in the Court of Appeal’s judgment: [61] In our view, the correct enquiry is a two stage one. First, it is necessary to establish the actual circumstances which have a direct bearing on a suggestion that the judge was or may be seen to be biased. This fact...

3. 2021-04-13 Heller 1 - ORC - Brief of Evidence of T B Heller dated 13 May 2020 [pdf, 404 KB]

   SRP-098608-67-197-V3 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2019-CHC-132 IN THE MATTER of an appeal pursuant to section 120 of the Resource Management Act 1991 (RMA) BETWEEN CLUTHA DISTRICT COUNCIL Appellant AND OTAGO REGIONAL COUNCIL Respondent BRIEF OF EVIDENCE OF THOMAS BRENDAN HELLER 13 MAY 2020 ________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN...

4. PSPLA - Form D: Application for a Company Licence [pdf, 819 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...

5. Lazarus - Peter Pene Moses (2010) 9 Taitokerau MB 197 (9 TTK 197) - P [pdf, 60 KB]

   ...right of exclusive possession has been given. The only intention of the parties that matters is their intention as to substantive rights, not their intention as to legal classification. In Fatac Ltd v Commissioner of Inland Revenue the Court of Appeal quoted with approval the following statement made by Windeyer J in Radaich v Smith: Whether the transaction creates a lease or a licence depends upon intention, only in the sense that it depends upon the nature of the right which the par...

6. [2017] NZEmpC 82 Judea Tavern Ltd v Jesson [pdf, 121 KB]

   ...days of 4 See for example, Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 at 681-682; Davidson v Christchurch City Council [1995] 1 ERNZ 172 at 204. (This decision was reversed in part on appeal, but not on this point: Christchurch City Council v Davidson [1996] 2 ERNZ 1, [1997] 1 NZLR 275 (CA)). the date of this judgment; the plaintiff within a further 10 working days and anything strictly in reply within five w...

7. Mason - Tukehu Miriama Whānau Trust (2008) 133 Otorohanga MB 141 (133 OT 141) [pdf, 494 KB]

   ...breach of this underlying principle will, to a large extent, be a question of fact and degree, and for that purpose the facts must be closely scrutinised. The formula propounded by Lord Scarman, in Queensland Mines Ltd v Hudson (1978) 18 ALR 1, 3, appeals to me. He adopted the test put forward by Lord Upjohn in his dissenting judgment in Boardman v Phipps [1967] 2 AC 46 at p 124, that is, whether "the reasonable man looking at the relevant facts and circumstances of the particular c...

8. Mansell - Haparangi A4 (2005) 288 Rotorua MB 9 (288 ROT 9) [pdf, 808 KB]

   ...of education, relief of poverty, promotion of health and maintenance of culture amongst Ngati Wahiao." It must now be considered that descent based tribal trusts are public enough in nature to be charitable given the decision of the Court of Appeal in Latimer v Commissioner of Inland Revenue [2002] 3 NZLR 195 (per Blanchard J at p208). By the terms of clause 2.4, preference is to be given to the owners and former owners of Haparangi A4 and their descendants, but this does not defea...

9. Penny v Kemp - Estate of Bill Kingi or Wiremu Parata Kingi [2017] Chief Judge's MB 257 (2017 CJ 257) [pdf, 367 KB]

   ...was made. The applicant has met the standard of proof necessary and in my view 6 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judge’s MB 267 it is in the interests of justice to remedy the mistake or omission by amending and cancelling the relevant orders. Conclusion [17] An order under s 45 is a discretionary measure. I...

10. AVL operating guidelines for senior courts [pdf, 684 KB]

    ...Authority to Use  AVL may be used under statutory authority or inherent powers where no statutory authority exists.  Section 103 of the Evidence Act 2006 allows for applications to be made to the court (the Supreme Court, the Court of Appeal, the High Court, any District Court, Family Court or Youth Court) for witnesses to give evidence in an alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVL include a witness giving evide...