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1. Wickliffe v Pearce - Paengaroa North B4B and K Aggregated (2005) 289 Rotorua MB 236 (289 ROT 236) [pdf, 5.9 MB]

   ..."244 Varialioll of Trust The Caliri may al allY lillie. ill respecl oj any lrusl 10 which Ihis (Pari) applies. vary the terms of the trust by making a new trust order ill substitution/or the existing trust order ... " Case law The Court of Appeal has underscored the broad powers of the Maori Land Court in respect of trusts in the important judgment The Proprielors oj Mallgakillo Towllship v The Maori Land Court & Allor (CA65/99, 16 June 1999. Wellington). In the decision...

2. Trustees of Oparau No 1 Block Trust - Oparau No 1 and Pirongia West 1 2B3D (2004) 109 Waikato MB 300 (109 W 300) [pdf, 1.7 MB]

   ...to section 129B of the Property Law Act. and that the same prindples used under that Act should therefore be applied by the Maori Land Court. Counsel referred to Jacobsen Holdings Limited v Drexel [1986] 1 NZLR 324. In that case the Court of Appeal held that, while the Court is not bound to award compensation, it would usually be equitable between the parties to do so. The compensation would be assessed an the footing of what a willing Minute Book: 109 W 309 grantor and gran...

3. [2020] NZEnvC 134 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 566 KB]

   ...that this means that neither LCG (nor the court) can safely predict what the future commencement date for the consents should be under section 116(4). All we know is that they must be exercised within five years of 1 October 2021 (assuming the appeals to the High Court are determined before then). For this reason, LCG submits that the best course of action is for provision to be made within each permit to manage the transition process13. That is the basis on which the draft permits...

4. McGregor v Jensen [pdf, 89 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO. TRI 2008-100-94 BETWEEN JOAN McGREGOR, DAVID GRAHAM SMITH & JOHN PHILLIPS Claimants AND WILLIAM RAYMOND JOHN JENSEN (Bankrupt and therefore Removed) First Respondents AND ANDRE SCOTT KEMP-UPTON (Removed 16 October 2008) Second Respondent AND AUCKLAND CITY COUNCIL Third Respondent AND ROLLO ROOFING LIMITED (Removed 29 November 2007) Fourth Respondent AND MASTERBUIL

5. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

   ...commencement of Level 3. Costs principles [12] The parties have cited in some detail, legal principles surrounding costs which are largely not in dispute. The general principles have been summarized by Judge Dwyer and affirmed by the Court of Appeal in Walmsley v Aitchison.3 [13] Judge Dwyer correctly identified the relevant principles as follows: [19] section 285 is couched in broad terms and bestows a wide discretion on the Court. It is well recognised that the discretion must b...

6. [2021] NZEmpC 146 Gafiatullina v Propellerhead Ltd [pdf, 394 KB]

   ...consult with the employee on the reasonableness of redeployment in the circumstances. An employer’s assessment of suitability for redeployment is not to be conducted unilaterally outside of the restructure consultation. [112] The Court of Appeal has previously said that, in some circumstances, the failure to consider redeployment opportunities may cast doubt on the genuineness of a redundancy and its timing.20 [113] Ms Gafiatullina says there were a number of viable redeploymen...

7. BGH v Kumar [2024] NZHRRT 2 [pdf, 292 KB]

   ...cornering, mauling, 8 See Human Rights Act 1993, s 92I(4) and DML v Montgomery (DML) [2014] NZHRRT 6 at [103]. 9 See for instance Craig v Slater [2018] NZHC 2712 at [411]. The High Court’s description of sexual harassment was affirmed by the Court of Appeal in Craig v Slater [2020] NZCA 305 at [89]. 10 See for instance Proceedings Commissioner v H (1996) 3 HRNZ 239, [1996] NZAR 451 (CRT) at [247]-[248], cited in DML, above n 8, at [108]. 11 Lenart v Massey University [1997] ERNZ 2...

8. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   (1) PERMANENT ORDER PROHIBITING RELEASE OF UNREDACTED DECISION TO PERSONS OTHER THAN THE PARTIES (2) PERMANENT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION AND IDENTIFYING DETAILS OF PLAINTIFF AND THE TRANSCRIPT REFERRED TO IN THIS DECISION (3) PERMANENT ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON REDACTED DECISION OF TRIBUNAL1 1 This decision is to be cited as DIJ v New Zealand Police [2024] NZHRRT 22. Note

9. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 23 Reference No: READT 031/2022 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 2106 AGAINST KUN HU Defendant Hearing in Auckland on 12–14 February, 4 June 2024 Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Member) Appearances: Counsel for the Committ

10. Dickinson v Southon - Section 4A Block IV Tokaanu Township [2023] Chief Judge's MB 499 (2023 CJ 499) [pdf, 418 KB]

    ...courts where tikanga has been 8 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209); Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167); Puna v Puna Rotopounamu 1B1A [2022] Chief Judge’s MB 28 (2022 CJ 28); Inia v Julian [2020] NZCA 423; Amos – Horahora 1A4B, 1A4F [2002] Chief Judge’s MB 54 (2002 CJ 54). 2023 Chief Judge's MB 516 recognised as...