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1. McCallum v The Māori Trustee - Estate of Ngapiki Waaka Hakaraia [2017] Chief Judge's MB 144 (2017 CJ 144) [pdf, 200 KB]

   ...Māori Land Court MB 541 (2014 MLC 541) at [37], [38] and [47]. 2 Above n 1, at [49] and [50]. 3 Above n 1, at [50]. 2017 Chief Judge’s MB 146 [6] On 9 February 2015, James Tioro (James), Bayette Prince, Angela Teki and Sonia Tioro appealed my decision on the following grounds: 4 (a) That the children of Anihaka Te Oro, a named beneficiary under the will, were entitled to be heard in relation to Clarke McCallum’s application challenging the 1997 succession order....

2. LCRO 140/2017 ZS v XD (23 July 2018) [pdf, 107 KB]

   ...scope of review [10] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 3...

3. Wall - Part Rangatira 1A1A2 Hirhuharama Ponui Block (2007) 86 Taupo MB 1 (86 TPO 1) [pdf, 1.6 MB]

   ...agent, of renl, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to whicl) an application under section 45 of this Act or an appeal under Part 2 of this Act relates. 86 Taupo MB 4 (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any i...

4. Apostolakis v Attorney-General No. 3 (Strike-Out Application) [2019] NZHRRT 2 [pdf, 318 KB]

   ...CRNZ 492 (CA) Mr Apostolakis pleaded guilty to a charge of attempting to procure a Police officer to murder Mrs Apostolakis. He was sentenced in the High Court to 18 months imprisonment suspended for a period of one year and was fined $7,500. An appeal by the Solicitor-General against sentence was unsuccessful, although the Court of Appeal observed that it had not been appropriate for the sentence to be suspended. [7] Kosta was charged with unlawful possession of the firearm which wa...

5. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 19 [pdf, 155 KB]

   ...is critical with properties with plaster cladding, and her awareness of the potential risk for the particular property she was marketing, she did not disclose the risk to Ms Jordan. [13] Ms Earl referred to the penalties imposed, or upheld on appeal, in cases where there had been a finding of misconduct or unsatisfactory conduct following a finding where the licensee failed to make disclosure. The Tribunal notes that none of the cases concerned disclosure of a potential risk of w...

6. Proactive release - Amendments to the District Court Rules 2014 and High Courts Rules 2016 [pdf, 597 KB]

   ...of the Senior Courts Act 2016 requires the concurrence of the Chief Justice and two or more members of the Committee (at least one of whom must be a High Court Judge) to rules regulating the practice and procedure of the Supreme Court, the Court of Appeal and the High Court. 17. I confirm that the above requirements have been met. Regulations Review Committee 18. There do not appear to be grounds for the Regulations Review Committee to draw the regulations to the attention of the Hou...

7. 20 April 2020 Horticulture New Zealand & The New Zealand Refining Company Limited & Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 295 KB]

   ...ENV-2019-349-000018 Horticulture New Zealand v Northland Regional Council The New Zealand Refining Company Limited v Northland Regional Council Public and Population Health Unit of the Northland District Health Board v Northland Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Sch...

8. [2024] NZEmpC 159 Batta v Auckland Catering Ltd [pdf, 197 KB]

   ...considering an application for a sanction, it is necessary to approach the exercise in a principled way. The first issue is whether a sanction should be imposed at all. [14] In Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector), the Court of Appeal made it clear that the primary purpose of the sanction regime is to secure compliance.7 A further purpose is to impose a sanction for non-compliance.8 Breaching a compliance order is serious and warrants a serious response.9...

9. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [21] The Inspector is seeking today only fines under s 140(6)(d). [22] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.3 The factors referred to are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, withou...

10. LCRO 18/2023 DS v GX (30 May 2024) [pdf, 135 KB]

    ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 tha...