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1. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

   ...ready to welcome or host the event or visitors associated to the event. 35. In our experience, manuhiri who attempt to enter Ngāi Tai homes and domain without the kaikaranga experience short-lived visits. 36. Ngāi Tai tikanga also requires careful planning and execution for safe passage in and around Tāmaki Makaurau waterways including the harbour of Maraetai or Te Waitematā. Execution always starts with an appropriate karakia. 2507 TU-447097-3-1211-V13:TU 8 37. We note...

2. Sutton v Real Estate Agents Authority (CAC 411) & Fear [2017] NZREADT 27 [pdf, 243 KB]

   ...Regarding the fine: 3.8 … Professional standards must be maintained. The aspects of deterrence and deterrence must be taken into account. It is settled law that a penalty in disciplinary case is primarily about maintenance of standards and the protection of the public, but there can also be an element of punishment. … [53] In the same paragraph, in its assessment of Mr Fear’s conduct, the Committee went on to say: … We consider the breaches were slightly less than t...

3. [2019] NZEnvC 165 SKP Incorporated v Auckland Council [pdf, 761 KB]

   ...Muir in the following terms: [35] The requirement of independence and impartiality of a judge is counterbalanced by the judge's duty to sit, at least where grounds for disqualification do not exist in fact or in law. This duty in itself helps protect judicial independence against manoeuvering by parties hoping to improve their chances of having a given matter determined by a particular judge or to gain forensic or strategic advantages through delay or interruption to the proceedi...

4. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...COVID-19 period, in the same way as the preceding provisions in relation to mortgages. Analysis 47. These provisions may have an adverse impact on the property rights of mortgagees and lessors. However, the Bill of Rights Act provides no substantive protection for property rights.31 Therefore, the issue is whether the provisions engage any of the procedural protections that the Bill of Rights Act affirms. 48. The provisions have retrospective effect in that they expressly provide that they a...

5. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   " , I i I " ,: I i, I ; I , i i , I , , i ' \ ~ " I I, i : I , I : i I ' i ! I ; I RANGAHAUA WHANUI NATIONAL THEME D THE CROWN'S RIGHT OF PRE-EMPTION AND FITZROY'S WAIVER PURCHASES ROSE DAAMEN 'AUGUST 1998 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I), R Daamen, P Hamer, and Dr B Rigby; (pt 11), M Belgrave Distri

6. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...account in the assessment are as follows: 2 [1999] 1 ERNZ 490. 3 [2001] 2 NZLR 731, [2001] ERNZ 46 (CA). a) The restraint will only be enforceable to the extent that it is required to protect a proprietary interest of the employer. b) The reasonableness of the restraint – timeframe and geographic area – is relevant in determining reasonableness. c) The scope of the restraint will be considered. d) The rel...

7. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...occur in the years prior to a person being adjudicated bankrupt. These offences would apply retroactively to activities prior to the Bill coming into force as an Act, and therefore give rise to an issue under section 26(1) of the Bill of Rights Act (protection against retroactive offences). 11. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Act. We...

8. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...contrary to the provisions of section 53 of the Maori Affairs Amendment Act 1967; (c) in any event the loans were also invalid due to the lack of legitimacy of the then committee of management and W T Haig's alleged loans were not saved by the protections of section 57(2) of the 1967 Act because he was an insider, who was in a position conflict of interest. Section 57 was intended to protect third parties, not insiders; and (d) alternatively, gIven the lapse of time the claim...

9. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 KB]

   ...it to determine the relative interests in such land of the owners in common, whether at law or in equity. Paragraphs (c) and (d) authorise the Court to determine claims of trespass and contractual and tortious claims relating to such land. The care with which this jurisdiction has been confined to Māori freehold land is to be contrasted with the wider equitable jurisdiction said to exist under para (i). Para (e) is directed to determinations about persons, not land. Para (f) relate...

10. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

    ...missed out on one opportunity. While Mr Barry was plainly in a less vulnerable position than many other workers, the reality is that he simply accepted what he was offered. That is not uncommon, for obvious reasons. [22] Ultimately s 6 is a protective provision, enabling the Court to reach its own view on whether an employment relationship exists. I do not think that it is useful to 13 Uber BV v Aslam [2021] UKSC 5 at [76] (emphasis added). While the different legislative...