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1. King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) [pdf, 303 KB]

   ...Section 227A of the Act is also relevant. It provides that a trustee must not be involved in any decision making concerning an issue that affects them directly, or indirectly, particularly where there is the prospect of gain. As the Court of Appeal set out in its decision Naera v Fenwick, the conflict rules are prophylactic in that they are designed to remove the fruits of temptation.13 That is why it is critical that a trustee must bring a mind unclouded by personal considerations...

2. [2021] NZEnvC 151 New Plymouth District Council v Bolton [pdf, 243 KB]

   ...planner wrote to the Council again stating that the Respondents “do not consider there is much merit in meeting to discuss the compliance matters as our focus is on the land use consent process”.12 To date the abatement notice has not been appealed. The new application for consent On 6 September 2021, the Council received a new consent application on behalf of the Boltons to: 13 (a) Establish a rural industry and processing facility at the property; and (b) Change the c...

3. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...practicable, all leave commitments are planned to be met and spread as evenly as possible throughout the year. [46] The obligation to consult staff and to take their preferences into account when compiling the leave roster, and the existence of an appeal process by referring any disagreement to head office, supports the conclusion that the parties created a comprehensive mechanism. The second sentence in cl 5.2.1 Ms Dunn relied on, specifying how much leave may be allocated, does...

4. [2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 253 KB]

   ...is brought, however, those documents should be available for consideration by the Court. It would then be the Court’s responsibility to consider the issue of destruction at the end of the process, including for the purposes of any subsequent appeal(s). (e) The parties may request provision by the Authority of the 10 documents which neither currently possesses, if one or other, or both, consider this is appropriate for the presentation of their case. [51] Because this judgment r...

5. Tana v Mahanga - Pukahakaha East 5B (2022) 255 Taitokerau MB 229 (255 TTK 229) [pdf, 267 KB]

   ...Horina Nepia and Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee and Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) at [11]. 4 Nicholls v Nicholls – Part Papaaroha 6B Block (2011) Māori Appellate Court MB 64 (2011 APPEAL 64). 5 Riddiford v Te Whaiti (2001) 13 Tākitimu Appellate MB 184 (13 ACTK 184). 6 Manuirirangi v Paraninihi ki Waitotara Incorporation (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64). 7 De Loree v Mokomoko and Ors – Hiwarau C...

6. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...following way:7 4 NR’s supporting reasons (4 May 2021) at [1]. 5 At [3]. 6 Email from JM to LCRO (9 June 2021). 7 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 4 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 invol...

7. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [pdf, 228 KB]

   ...Khetarpal [2017] NZIACDT 4. 10 The Tribunal’s requirement that Ms Khetarpal could not apply for a full licence until she had practised under a provisional licence for two years, was deleted by consent in settling the District Court proceedings. The appeals against the Khan, J and Prajapati decisions were otherwise dismissed. 11 such application from Ms Khetarpal lies in the Registrar’s discretion to consider the practitioner’s disciplinary history in assessing fitness to...

8. Carley - Succession to Herbert Adams [2021] Chief Judge's MB 1264 (2021 CJ 1264) [pdf, 343 KB]

   ...& Glenavy - Waihao 903 Section IX Block.9 I do not propose to repeat those principles again in this judgment. 7 By way of email dated 22 June 2021. 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 1274 [14] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented...

9. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 2 MB]

   ...Service Provider Approval Level(s) (PAL) Mental Health Police Detention Legal Assistance Employment Advocate Duty Lawyer Waitangi Tribunal Parole Māori Land Court & Māori Appellate Court Civil Refugee & Protected Persons Family Court of Appeal & Supreme Court 12 If you’re applying for a Criminal approval, please name the Court cluster Courts and PAL level(s) you will cover within the cluster 13 If you’re applying for Police Detention Legal Assistance (PDLA) approva...

10. Wyllie - Whatatuna 11 (2022) 110 Tairawhiti MB 64 (110 TRW 64) [pdf, 233 KB]

    ...point as follows:7 5 Te Ture Whenua Māori Act 1993, s 288(2). 6 Neal - Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) at [30]. 7 MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Maori Appellate Court MB 259 (2016 APPEAL 259) at [62]. 110 Tairawhiti MB 70 [I]n most circumstances where an application for partition is opposed the support for the application will need to outweigh the opposition before there can be said to be ‘sufficient support...