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1. Tamou v Smith - Sections 57, 58, 70, 72 and 100 of the Ratana Pa (2016) 361 Aotea MB 75 (361 AOT 75) [pdf, 297 KB]

   ...(1996) 11 Taitokerau Appellate MB 143 (11 ACTK 143) 17 (1996) 19 Waikato Maniapoto Appellate MB 40 (19 APWM 40) 18 [2001] 1 NZLR 87 19 (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) at 172 361 Aotea MB 84 [38] The Court of Appeal in The Trustees of Pukeroa Oruawhata v Mitchell stressed the importance of strict adherence to s 244 of the Act whenever variations to trust orders are contemplated. 20 A three step process was necessary: first, notice to the benefici...

2. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...charged because of its homosexual context), or whose application is unsuccessful (because the necessary official records cannot be found or the Secretary for Justice is not satisfied no criminal conduct was involved). 25. We considered including an appeal process to mitigate this. However, there is likely to be little benefit in doing so as the parameters of the decision are narrow and the process to be followed is to be prescribed by statute. Applications are more likely to be declin...

3. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-047 IN THE MATTER of an Appeal under Section 120 Resource Management Act 1991 BETWEEN Blueskin Energy Ltd Appellant AND Dunedin City Council Respondent BRIEF OF EVIDENCE of MARK NELSON BROWN Mark Brown 4, Erne Street Waitati 9085 Ph 482 2833 Email blueskin@xtra.co.nz P.O. Box 63 Waitati 9069 mailto:blueskin@xtra.co.nz 2 Intro...

4. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...maintain hard copy and/or electronic client files, including copies of all written communications and file notes of oral communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. Sh...

5. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...professionals to achieve a joined-up approach to the Family Justice Service? We think that the information needs to be provided in a simple easy to follow way. It should be provided in a number of languages and videos should be used along with appealing graphics, pictures and stories of “people like them”. It should utilise technology that has interaction with a person via “live chat” in real time for any questions that people may have. Furthermore the Ministry should cons...

6. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...genuine avenue for complaint when a user of the court feels they have been treated badly, let down, and or harmed by their Family Court experience and or decisions made that harmfully impacts on their lives and or the lives of the children involved. This is not to be confused with appealing a Family Court decision. In the current situation, if a client of the Court makes a complaint about a judge, the complaint is referred back to the judge involved – in our view this system does not s...

7. [2020] NZREADT 23 - SureCapital Real Estate Limited (12 June 2020) [pdf, 179 KB]

   ...working days after receipt of the submissions for SureCapital. [2020] NZREADT 23 - SureCapital Real Estate Limited [58] 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 __________...

8. [2020] NZREADT 18 - Hilliam [pdf, 177 KB]

   ...principles of ethics. Such evidence is to be provided to the Authority within 12 months of the date of this decision. [59] 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...

9. Gravatt v Bulmer (Strike-Out Application) [2014] NZHRRT 40 [pdf, 81 KB]

   ...these proceedings as Administrator of the Estate of Zachary Gravatt. [39] In the interests of brevity we note, without comment, that in Marks v Director of Health and Disability Proceedings [2009] NZCA 151, [2009] 3 NZLR 108 at [65] the Court of Appeal accepted that the term “aggrieved person” as used in s 51 extends to cover a deceased person’s executors or administrators. However the Court added a rider that there may be uncertainty as to whether proceedings can be taken under s...

10. Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) [pdf, 346 KB]

    ...so (iii) is it necessary in the interests of justice to cancel the order made at 28 Kaitaia MB 24? 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 8 28 Kaitaia MB 24 (28 KT 24) dated 24 March 2009. 2018 Chief Judge’s MB 715 Discussion [14] Those who support the applicant, Rex Murray, include his uncle who is a brother and sole surviving sibling of Glass Murray...