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1. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...239 applies to “all trusts” over Māori land. It is a fact that trustees were appointed to this land in the late nineteenth century. It is also a fact that they have been replaced on several occasions by the Court. I am not aware of any appeals or applications for rehearing or judicial review being filed in respect of those appointments. I am therefore satisfied that this Court does possess the necessary jurisdiction to appoint trustees. 293 Aotea MB 168 Was the...

2. [2015] NZEmpC 232 Bidvest New Zealand Limited v FIRST Union Inc reasons for interlocutory [pdf, 132 KB]

   ...defendant contends, or not, as is the Union’s position. [9] Whether employees are employed in providing services to an essential service is a question of fact and degree in any particular case. 3 Cunningham Construction, a judgment of the Court of Appeal, was decided under a materially similar provision of the Labour Relations Act 1987. Because an employee is not engaged as such by the direct provider of essential services does not mean that an essential services notice does no...

3. [2016] NZEmpC 34 Advance International Cleaning Systems NZ Limited v Hamilton [pdf, 160 KB]

   ...an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [12] I also have regard to the general principle summarised by Richmond J in Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at p 91: When once an appellant allows the time for appealing to go by then his position suffers a radical change. Whereas previously he was in a position to appeal as of right, he now becomes an applica...

4. Sufi v Department of Labour [2012] NZHRRT 6 [pdf, 65 KB]

   ...9 March 2012. [10] By email dated 28 February 2012 the plaintiff replied: i am happy with the case i put forwared, so i am happy that my case be deal in papers, and i dont have any wish for a lawer. [11] It is against this background that the appeal is now determined on the papers. The plaintiff’s immigration history [12] According to the affidavit by Ms Willson, the plaintiff first arrived in New Zealand from Pakistan on 30 March 1999. On arrival he was granted a student permit...

5. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...frame the charge in this way. It referred the Tribunal to the decision of Duncan v Medical Practitioner’s Disciplinary Committee [1986] 1 NZLR 537 which provides authority for the way in which the charge has been drafted. In this case the Court of Appeal held that it was possible to frame a charge as a group of particulars on a variety of different matters which could collectively amount to disgraceful conduct. The Court of Appeal held that it may be important that the appropriate pro...

6. Pollett v REAA (reserved decision) [2013] NZREADT 4 [pdf, 49 KB]

   FURTHER DRAFT BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision no: [2013] NZREADT 4 Ref No: NZREADT 115/11 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN NEIL POLLETT Appellant AND THE REAL ESTATE AGENTS AUTHORITY Respondent MEMBERS OF TRIBUNAL MR G DENLEY– Member JUDGE P F BARBER – Chairman MR J GAUKRODGER – Member Heard at Auckland: 24 October 2012 Appearances...

7. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...Vercoe v Vercoe (2004) 10 Waiariki Appellate MB 263 (10 AP 263). 5 Samuels v Matauri X Incorporation (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216). 6 Phillips v Trustees of Mohaka A4 Trust (2010) 2010 Māori Appellate Court MB 425 (2010 APPEAL 425). 7 Nicholls v Nicholls – Part Papaaroha 6B Block (2011) 2011 Māori Appellate Court MB 64 (2011 APPEAL 64). 33 Taitokerau MB 15 Ms Tawhai [10] I determine that Housing New Zealand Limited is entitled to costs against Ms...

8. LCRO 263/2015 DH v EI (12 May 2017) [pdf, 124 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...consumption. 2.2 Clause 35 of the Bill introduces a new regulatory regime for alcohol-related advertising and, particularly, seeks to minimise the exposure of young people to alcohol advertising and to ensure that such advertising does not have strong appeal to young people. In this respect, the Bill imposes a restriction on the right to freedom of expression affirmed by s 14 of the Bill of Rights Act. I conclude that the restriction is justifiable in light of the greater vulnerabilit...

10. De Heer v CAC 302 & Bernard [2016] NZREADT 33 [pdf, 140 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 33 READT 068/15 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN EDWARD DE HEER Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 302) First respondent AND MARIA BERNARD Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen – Member HEARD at AUCKLAND on 31 March 2016 DATE...