Search Results

1. 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�...

2. [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...

3. {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...

4. 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...

5. 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...

6. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...Court to admit evidence. That power was contained within a suite of statutes relating to Family Court proceedings and was couched in the following terms:6 In all proceedings under this Act (other than criminal proceedings, but including appeals or other proceedings), the Court may receive any evidence that it thinks fit, whether or not it is otherwise admissible in a court of law. [51] This became pejoratively known as the “any evidence” rule.7 Its application over t...

7. Matiu - Toetoe No 6 [2018] Chief Judge's MB 739 [pdf, 436 KB]

   ...3 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 4 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T27861815733&backKey=20_T27861815738&homeCsi=274461&A=0.9386854289400859&urlEnc=ISO-8859-1&&dpsi=02IN&remotekey1=REFPTID&r

8. FV Reform Paper 3 Prosecuting [pdf, 521 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...

9. May-2022-Notification-of-Applications-in-Office-of-Chief-Registrar.pdf [pdf, 373 KB]

   ...51-59 on 8 February 2012 - Application to the Chief Judge 20 A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008798 45/93 Josephine Wade CJ 2021/28 - Dean Wade - and a succession order made at 77 Taitokerau MB 16-23 on 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame Metua...

10. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

    ...There are protections which may facilitate the process. First, confidentiality is provided for in s 148 of the Act. There have been many discussions as to the scope of the section. The leading case is Just Hotel Ltd v Jesudhass where the Court of Appeal remarked that the provision reflected “the desirability of encouraging the parties to a 27 Employment Relations Act 2000, s 188(2)(a) and (b). 28 Employment Relations Act 2000, s 188(2)(c). 29 FMV v TZB [2021] NZSC 102 at [...