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1. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...trustee satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. Minute Book: 163 AOT 106 The role of the Maori Land Court [19] The Court of Appeal confirmed the broad powers of the Maori Land Court in respect of trusts in the important judgment The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington). In that decision it was not...

2. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

   ...(2) The order constituting the reservation was made in 1979. 82 T 285 (3) The trustees to the block were nominated, but an objection was lodged. The Court directed a meeting of owners, after which trustees were appointed. (4) There were no appeals, applications for rehearing or other Court action from 1927 up until 1990. (5) The trustees included representatives from owners and non-owners. (6) In deciding whether to redefine the reservation the views of the owners must be obta...

3. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

   ...Parekura Hei Road. CONCLUSION In conclusion, Parekura Hei Road is a private road and not a public road. To that extent Hauhangaroa 2C Block v The Attorney-General & Anor [1973] NZLR 389 (CA) applies. This is because in that case the Court of Appeal recognised that a Maori roadway remains just that unless properly proclaimed otherwise. The roadway is Maori land and it is owned by the heirs and successors in title to the original owners of the T e Kaha block. That effectively means m...

4. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...The Court in this instance was considering a case-stated from the Waitangi Tribunal. While an Appellate Court, it was sitting in this case as a Court of first instance hearing evidence and submissions on the matter before it. The only right of appeal against its decision is to the Privy Council. It has long been held that the Maori Land Court has an inquisitorial role in dealing with matters before it. This role is assisted by Section 54( 1) of the Maori Affairs Act 1953:- "(1...

5. AF v X Standards Committee LCRO 84/2014 [pdf, 279 KB]

   ...not desire that action be taken or, as the case may be, continued; or (e) the complainant does not have sufficient personal interest in the subject matter of the complaint; or (f) there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person aggrieved to exercise. (2) Despite anything in subsection (1), a Standards Committee ma...

6. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...the prin- cipal of Tamatekapua Law and has an extensive background in resource management and the Treaty sector. She has supported whānau, hapū, and iwi claimants in several Waitangi Tribunal inquiries. She was a mem- ber of the Refugee Status Appeals Authority, deputy chair of the Medical Practitioners Disciplinary Tribunal, and a director of First Health NZ Ltd (a Southern Cross NZ Ltd subsidi- ary). In 2000, the Minister of Health appointed her to represent the inter- ests of M�...

7. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...Foods v Mac Motors Ltd, Ngati Hurungaterangi v Ngati Wahiao, and Flannery v Halifax Estate Agencies Ltd.24 [56] At its most fundamental level, the duty to give adequate reasons is a function of due process and therefore justice. As the Court of Appeal observed in Ngati Wahiao, reasons are the articulation of the logical process employed by the decision maker, and serve to concentrate the mind. The ultimate decision is likely to be soundly based if a reasoned approach is brought to...

8. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...reference to the way in which they have been expressed before or even during the hearing. The section contemplates its use by the Tribunal of its own motion after the conclusion of the hearing if it is fair and just to do so. [44] The Court of Appeal considered this issue subsequently in New Zealand Van Lines Ltd v Gray when it had been argued by counsel that the Tribunal had erred in law in seeking submissions on the use of the power under s 34 and then using the...

9. Family violence reform paper 3: Prosecuting family violence [pdf, 537 KB]

   ...in part to address the perceived limitations of the criminal law. By the 1990s attitudes in the criminal justice system reflected these wider changes. 2 5. In Taueki 1 (the sentencing guideline judgment for serious violence) the Court of Appeal recognised that family violence was a major problem in New Zealand society. The Court stated that assault committed in a domestic context should not be treated any less seriously than other types of violence. 6. Family violence now makes...

10. W and W v Southern Response Earthquake Services Ltd [2020] CEIT-2020-0020 [pdf, 549 KB]

    ...conclusive if a reasonable person would conclude that such a meaning would be anomalous or “uncommercial” and cannot have been intended by the parties.4 [16] The position in New Zealand, however, appears to be less liberal, with the Court of Appeal in Malthouse Ltd v Rangatira Ltd expressing support for the comment made by the majority of the Supreme Court in Firm Pi 1 Ltd v Zurich Australian Insurance Ltd that:5 where contractual language, viewed in the context of the whole con...