Search Results

1. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   ...lawyer to represent Mr Te Wini in proceedings brought by the Department of Child, Youth and Family Services (CYFS) under the Children, Young Persons, and Their Families Act 1989. The Department sought a declaration that Mr Te Wini was in need of care or protection, a psychological assessment and an interim support order. Mr Te Wini was then ten years of age (his date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoi...

2. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...developed these assertions with reference to previous decisions of this Court, particularly those which emphasise it is not desirable to define disparity exhaustively, because whether any asserted disparity could impugn a dismissal would involve a careful analysis of all relevant facts and circumstances. Strike-out principles [19] The following strike-out principles can be taken from the Court of Appeal’s judgment in Attorney-General v Prince: 5 (a) Pleaded facts, whether...

3. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...retainer, as it develops.14 In my view, this must include information about how fees are tracking, particularly when they are being charged on the basis of time with no initial range having been indicated. [100] This view is reinforced by the consumer protection focus of the Act, predicated on the basis that there is a knowledge imbalance between lawyer and client, which a lawyer has a duty to ameliorate to the fullest extent possible.15 [101] Monthly or event billing by a lawyer t...

4. Karaitiana - Runanga 2E [2022] Chief Judges MB 454 (2022 CJ 454) [pdf, 399 KB]

   ...when the true intention of the Chief Judge’s decision was for them to have standing in both blocks. [24] Counsel argued that I have jurisdiction under s 86 to amend the orders made previously to show the true intention of the Court which is to protect, promote and safeguard the interests of Māori in respect of their land as a taonga tuku iho and to protect wāhi tapu. The orders made in 2015 did not give effect to this intention. [25] In terms of relief, counsel sought amendme...

5. OIA-110144.pdf [pdf, 5.5 MB]

   ...Manager, Civil and Constitutional 1 # Act + Relevant Section (linked) Summary of OIA exemption Rationale provided (if any) + where Comment e.g. if exemption changed/removed, difficulty finding information etc Links to key papers 1 Protected Disclosure (Protection of Whistleblowers) Act 2022 – Section 19 A receiver must refuse a request for information under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 as contr...

6. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...see it the ceding of käwanatanga to the Queen did not involve the acceptance of an unfettered legislative supremacy over resources. Neither Treaty partner can have monopoly rights in terms of the resource. Mäori interests in natural re- sources are protected by the distinctive element of tino rangatiratanga … Tribal rangatiratanga gives Mäori greater rights of access to the newly discovered spectrum. In any scheme of spectrum management it has rights greater than the general public, and...

7. Proactive release - 2020 Cannabis Referendum [pdf, 4.2 MB]

   ...Implications 133. As discussed ea lier in this paper, the regulatory system will have a significant impact on Māori. Officials will be undertaking targeted engagement with Māori and iwi to ensure that the regulatory model recognises and actively protects Māori rights and interests. I will be carefully considering these views and report to SWC on how the regulatory model will impact Māori and any key views put forward by Māori/iwi. Gender Implications 134. In New Zealand, surveys...

8. Short v Stowers - Te Tumu Kaituna 14 Block [2020] Māori Appellate Court MB 141 (2020 APPEAL 141) [pdf, 274 KB]

   ...this concern was disregarded in the reserved decision and the opposition formed part of Judge Coxhead’s decision. The appellants submitted that the “unverified” and “manipulated” opposition received by the Court undermined the trust’s carefully run process to determine the views of the owners and therefore the Court’s finding of insufficient support for variation of trust was made in error. [51] In addition, counsel argued that the amendments sought to the trust order w...

9. Transcript of speeches KG Smith [doc, 91 KB]

   ...acknowledge your accomplishments and experience to date, and to join with others in welcoming you to public life and judicial office. As I’ve said before at the swearing-in of a Judge, I always feel a little awkward telling a new Judge about his or her own career, although once when I apologised to Justice Peters after recounting her career during her swearing-in, she said not to bother because she’d actually found it quite interesting. Following your graduation from the University of Can...

10. Green - Estate of George Amos [2002] Chief Judge's MB 54 (2002 CJ 54) [pdf, 2 MB]

    ...of Indefeasibility 6.1 This matter was also considered by CJ Durie in Re Ritete when he stated: II/ do not read section 452(8) as intending to secure to purchasers of interests in Maori land without registration under the Land Transfer Act, the protection against impeachment of title that only registration provides. I do not read 12 In Re Ritete and Para para (1984) CJJ:vffi 20, 22 Minute Book: 2002 CJ 61 section 452(8) as derogating from the general rule at common law that no...