Search Results

1. [2023] NZREADT 26 – Day v REAA (20 September 2023) [pdf, 99 KB]

   ...by the Authority that, in assessing Ms Day’s application, the Registrar applied the plain meaning of “exceptional circumstances”, which is consistent with the Tribunal’s use of the same criteria in the context of the acceptance of a late appeal. 6 [26] The Authority referred to Catley v Real Estate Agents Authority,2 where the Tribunal adopted the use of the term “exceptional” in Matson v The Real Estate Agents Authority3 as follows:4 …the word “exceptional...

2. [2024] NZEmpC 58 Cunningham v HealthAlliance NZ Ltd. [pdf, 202 KB]

   ...treats taxpayer money sensibly and responsibly, including recovering any money that is owed to it. [19] Mr Cunningham submits that the company is well funded and that it would not be impacted by a stay application. [20] As the Court of Appeal observed in Bathurst Resources Ltd v L&M Coal Holdings Ltd, orders for a stay should be approached with restraint, being the least necessary to preserve the losing party’s position against the prospect of an appeal succeeding...

3. Parole Mandatory Completion of Rehabilitative Programmes Amendment-Bill [pdf, 347 KB]

   ...finite sentences, as the whole length of the sentence reflects a punitive purpose.6 14. In New Zealand, the courts have not adopted all aspects of the international approach when interpreting s 22 in the Bill of Rights Act.7 However, the Court of Appeal has observed that periodic reviews by the Parole Board are necessary to avoid preventive detention becoming arbitrary:8 On a literal approach to art 9 of the [International Covenant of Civil and Political Rights], the underlying lawfulness...

4. Re Dunstan (Rejection of Statements of Claim No. 4) [2024] NZHRRT 67 [pdf, 159 KB]

   ...Dunstan was invited to provide submissions or additional information addressing those concerns. A copy of that Minute is attached for ease of reference. [7] In response, on 26 April 2024, Ms Dunstan filed a seven page document entitled “Formal Appeal of the Plaintiff, Tanya Dunstan Regarding Decisions Issued 9 April 2024, Filed 26 April 2024”.5 The accompanying email confirmed this document was her response to the Minute. [8] Ms Dunstan’s submission was primarily focused on...

5. LCRO 181/2023 HC v QG and VO (28 February 2025) [pdf, 413 KB]

   ...in respect of the first particular of alleged conduct the respondents relied on in giving notice of expulsion2 and ruled in favour of the respondents on the second.3 The outcome was an award affirming the validity of the expulsion. Neither party appealed the award for error of law. [7] The parties had various business entities comprising their overall business relationship as a legal practice. These were: (a) the firm itself, being an ordinary partnership of the three parties; (b)...

6. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...to go to anyone other than the two individuals he considered were his legitimate offspring. [16] The Court, in accordance with the terms of the will, subsequently issued succession orders. I am not aware of any applications for rehearing or appeal or of any proceedings brought to challenge the will of Tino Tangata Charles Durie. So his intentions were fulfilled and his daughter Parehuia Durie and his son Noa Durie were the sole and unchallenged successors to his land. Noa Duri...

7. Mane - Waihou A8C1B1 (2015) 117 Taitokerau MB 215 (117 TTK 215) [pdf, 293 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows: 26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of prope...

8. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...prima facie infringement is "demonstrably justifiable in a free and democratic society". I conclude that it is. Background to the Bill 3. The Bill is the Government's response to the substantial uncertainties created by the Court of Appeal's decision in Ngati Apa v Attorney General [2003] 3 NZLR 643 (CA). In that case the Court of Appeal held that: 3.1 No legislation could be said to have definitively extinguished a claim that particular iwi might have at common l...

9. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows:26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of property...

10. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

    ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...