Search Results

1. [2018] NZEmpC 61 Butterfield v Alliance Group Ltd [pdf, 364 KB]

   ...were persons intending to work was based on them advising AFFCO at the end of one season of their current addresses and phone numbers on which they wished to be contacted for employment at the beginning of the following season. In the Court of Appeal, the Court held that the freezing workers did not fall within the definition of “persons intending to work” because the formal elements of an employment contract were required, rather than simply an intention by the workers to take...

2. AVS Operating Guidelines for District Courts [pdf, 817 KB]

   ...appearing remotely. A judicial protocol has been developed to cover all sites and hearings in Appendix 1. 1.4 Authority to Use 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 3 alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVS include a witne...

3. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...used as a code for social conduct that is essentially based on safety, risk avoidance and appropriate ways to manage the environmental responsibilities. Mason Durie observed that:12 “Explanations of tapu as primarily religious in nature appeal to those who seek spiritual answers for societal conduct. The more temporal view holds sway where survival and health maintenance are seen as the main challenges for tribal societies. But common to both views is the acceptance of ta...

4. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...balance of probabilities that there was a mistake or omission. Ngā kaupapa – Issues [31] The issues for determination are: 11 Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1098 (a) Was the order complained of erroneous in fact or law because of any mistake or omission on the part of the Court or in the presentation of facts of the case to the Court...

5. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

   ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...