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1. Hart - Okaha Section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286 (12 TWP 286) [pdf, 232 KB]

   ...that the Trusts might benefit from having people outside the family appointed as trustees, but does not elaborate on who those people might be. Legal Principle [23] The Proprietors of Mangakino Township v The Māori Land Court 14 the Court of Appeal confirmed that this Court has extensive supervisory powers in relation to trusts. Blanchard J noted at pp 9-10 that the Māori Land Court: “…is expressly given in s237 in respect of any trust to which Part XII applies ‘all the...

2. Puriri – Okaihau No3C No2 (2013) 28 Takitimu MB 129 (28 TKT 129) [pdf, 169 KB]

   ...would likely expect a written report from any supplier of services. 28 Tākitimu MB 135 Can Mr Puriri enter into a further lease with Emmerson? [27] The issue of the powers of responsible trustees was recently considered by the Court of Appeal in Naera v Fenwick where, in the context of clause 3 of the standard wide powers trust order, that Court stated: 6 [33] We are satisfied that the interpretation given by the Appellate Court is correct and for the reasons given. Such...

3. [2013] NZEmpC 191 Ohms v Vice-Chancellor Auckland University of Technology [pdf, 153 KB]

   ...refused an application for removal holding that the case did not involve an important question of law because the legal position in relation to the issue raised had been previously considered and determined by the courts, in particular the Court of Appeal. That decision was followed recently by Judge Perkins in Hall v Westpac New Zealand Ltd. 7 The interplay between an employer directing an employee away from the workplace pending receipt of its own medical advice and an employee...

4. Body Corporate 180379 v Auckland Council [2013] NZWHT Auckland 6 [pdf, 124 KB]

   ...one of the units was statute barred because an assignment of the 2002 Act claim had been ineffective and the assignees (now owners) had not made a new claim prior to the expiry of the limitation period. The Body Corporate and affected unit owner appealed. On 30 March 2012, Fogarty J granted the appeal and set aside our determination.1 [16] In his judgment, Fogarty J observed that there was no evidence that the 2002 Act claims had ever been withdrawn. His Honour noted that t...

5. LCRO 126/2013 MZ v JK [pdf, 128 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

6. LCRO 33/2015 HS v Area Standards Committee [pdf, 193 KB]

   ...and scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 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...

7. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

8. LCRO 207/2016 YN v NZ Police (2 August 2017) [pdf, 166 KB]

   ...scope of review [36] 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 that...

9. [2017] EmpC 158 Car Haulaways Ltd v First Union Inc [pdf, 282 KB]

   ...hitherto applied in respect of strike and lockout notices concerning essential services, cannot be said to apply to the relatively recently enacted provisions of s 86A of the Act. The new provision took effect on 6 March 2015. [28] The Court of Appeal reviewed issues of compliance in respect of notices relating to essential services in New Zealand Airline Pilots’ Assoc IUOW Inc v Air Nelson Ltd.4 As was made clear in that case, the purpose of the notice requirement is to prot...

10. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

    ...costs arising from injunction proceedings issued in early 2008 and finally disposed of by me on 11 July 2008. Submissions on costs were filed by counsel in July and August 2008. I subsequently advised counsel in a minute1 that, in light of an appeal against my decision in Samuels v Matauri X Incorporation2 1 140 Whangarei MB 79 which concerned a similar issue of indemnity costs, I would await the outcome of the appeal before addr...