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1. National-Panui-February-2021-web.pdf [pdf, 659 KB]

   Contents: Applications for hearing in FEBRUARY | HUI-TANGURU 2021: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz FEBRUARY | HUI-TANGURU 2021 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more

2. Child witnesses in the New Zealand criminal courts [pdf, 795 KB]

   ...recorded, edited as necessary (for example, breaks and any inadmissible evidence are edited out), and replayed to the jury whenever the trial is convened (without need for prioritisation). The recording is also available for any re- hearing or appeal. Auckland held 13 pre-recording hearings over 2010-11, using a Ministry of Justice protocol memorandum, based on WA practices. The average delay between charging and the pre-recording hearing reduced to around seven months in the eigh...

3. Court lawyer survey summary of findings [pdf, 469 KB]

   ...courts were compared with those of lawyers from all courts6. Significant differences7 existed in the satisfaction of lawyers from different courts/clusters (Figure 2)8. At higher courts, lawyers were more likely to be satisfied at the: Court of Appeal/Supreme Court (96%) Wellington High Court (95%). 3 Responses from Christchurch lawyers generally reflect the conditions following the 22 February 2011 earthquake, although in...

4. [2008] NZEmpC Maritime Union of NZ Inc and ors v TLNZ Ltd and anor [pdf, 46 KB]

   ...statutory consultation requirements, and would amount to unlawful and/or unreasonable directions in employment when implemented. They say the approach to an order for costs in cases such as this is mandated by a line of judgments in the Court of Appeal including Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Limited v Elmsly [2004] 1 ERNZ 172. Following those cases, the Court’s first task is to determine whether the costs actually incurred were reasonably incur...

5. [2009] NZEmpC WC 7/09 NZ Meat Workers Union v Silver Fern Farms [pdf, 48 KB]

   ...3 New Zealand Tramways and Public Transport Union Inc v Transportation Auckland Corporation Ltd [2006] ERNZ 1005 at para [16] [18] In Pyne Gould Guinness Ltd v Montgomery Watson (NZ) Ltd4 the Court of Appeal described the use of the surrounding circumstances to ensure the natural meaning of the words is correct as “cross-checking.” [19] In ASTE v Chief Executive of Bay of Plenty Polytechnic5 Judge Colgan (as he then was) held that the i

6. CAC20005 v Sengupta [2015] NZREADT 81 [pdf, 269 KB]

   ...Downtown Apartments Limited [2010] NZREADT 06. 2 E v REAA and N [2013] NZREADT 27 [Tab 1]. 5 was not real estate agency work and the Committee found it did not meet the threshold for laying a charge for misconduct. The Tribunal found on the appeal that: [19] We have considered the facts of what is essentially an employment dispute between [Mr E’s company] and Mr N. There might be (limited) circumstances where an employment dispute could be said to amount to disgraceful...

7. Peters v Foster – Hereheretau B2J8 and B2 K2B (2015) 54 Tairawhiti MB 147 (54 TRW 147) [pdf, 209 KB]

   ...prompted the application for removal [14] Counsel for the applicant filed submissions on 20 July 2015 and presented submissions on behalf of the applicant on 21 July 2015. [15] These submissions set out the duties of trustees referring to the Court of Appeal decision in Rameka v Hall to include “the duty of diligence and prudence as an ordinary prudent person of business would exercise and conduct in that business if it were his or her own”. 4 And also that “trustees are sub...

8. Goodhew v CAC 20004 & Anor [2013] NZREADT 100 [pdf, 132 KB]

   ...READT 005/13 IN THE MATTER OF a charge laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 20004) AND GEORGE GOODHEW Defendant READT 013/13 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN GEORGE GOODHEW Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20004) First Respondent AND MARK SCOTT Second Respondent MEMBERS OF TR...

9. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   ...was not then aware of the later decisions of Asher J in Commerce Commission v Air New Zealand Ltd and of Heath J in Orlov v New Zealand Law Society (No. 7) respectively. It is noted, however, that Commerce Commission v Air New Zealand Ltd has been appealed to the Court of Appeal. It is understood (at the time of writing) that no date has yet been set for the hearing of that appeal. 7 [23] Until the proper interpretation of r 3.16 has been determined by the Court of Appeal we in...

10. McAneney v Auckland Council [2011] NZWHT Auckland 63 [pdf, 141 KB]

    ...through Ms Macky that Mr Kells was at all material times the developer of the home as he was responsible for the design and building of the home as part of the three townhouse development at 21 Inkerman Street, Onehunga. [20] The Court of Appeal decision in Mt Albert Borough Council v Johnson1 is authority for the proposition that a developer owes a non- delegable duty to an intended owner of a home to properly supervise the construction of the home. Cooke J, and with whom Some...