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1. Wirihana-Tawake v Kauika-Stevens - Rangitatau 1D5A1 Takirau Marae (2021) 434 Aotea MB 114 (434 AOT 114) [pdf, 313 KB]

   ...confirmed that the trust no longer wished to engage an alternative dispute resolution via mediation. [13] Following the hearing, Marilyn Kairimu-Davis, the secretary for Tākirau Marae, contacted the case manager on 21 June about concerns over a protection order that had been obtained by Mr Kauika-Stevens against Mr Wirihana-Tawake. Tenancy Tribunal decision [14] An application was filed on behalf of the trust with the Tenancy Tribunal, which declined to exercise jurisdiction on...

2. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...In particular (our emphasis):15 When a mussel larva settles, it attaches itself to the substratum with an anchor thread, and then rearranges its body, including developing gills which are used for filter feeding, and growing a harder shell for protection. At this point the juvenile mussel is less than half a millimetre long. Small mussels from this size, up to around 10 mm in size are commonly referred to as “spat” and are the seed source used in mussel aquaculture. Discussi...

3. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...beneficiaries, trustees and indeed the Court itself have acted in the belief that the land is subject to a reserve or a Māori reservation. The website ―Mäori land on line‖ also makes reference to Horowhenua 11 as a Mäori reservation [11] Yet a careful search of the Court’s records has not disclosed any gazette notice to that effect. In the absence of such evidence it seems unlikely, based on the material currently before the Court, that a Māori reservation was ever create...

4. [2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 177 KB]

   ...at particular workplaces. Although not directly in issue in this case, these nevertheless illustrate the constraints placed by Parliament on rights of union access and, inferentially, disruption to work for an employer. They illustrate that a careful balance between competing rights and interests much be struck in all cases. [49] Section 5 of the Interpretation Act 1999 requires the Court to interpret the relevant statutory provisions in the context in which they arise and purposi...

5. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...Committee’s core finding of unsatisfactory conduct was correct, irrespective of whether the licensee, or Mr Marshall, admitted that the property was mistakenly advertised in the incorrect price bracket. [42] Mr McCoubrey notes that the Act is consumer protection legislation which is made clear in s.3 of the Act which reads: “3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and t...

6. Justice Sector Outlook December 2016 [pdf, 758 KB]

   ...is now levelling off. The use of monetary penalties is forecast to continue to decline gradually. 2 Environmental factors are mixed Crime is often associated with factors such as alcohol abuse, poor mental health, unstable employment, care and protection history, and educational under-achievement. The impact of these (often interacting) broad environmental factors is complex and impossible to quantify with any precision. In addition, not all incidents are reported to Police: t...

7. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...is now levelling off. The use of monetary penalties is forecast to continue to decline gradually. 2 Environmental factors are mixed Crime is often associated with factors such as alcohol abuse, poor mental health, unstable employment, care and protection history, and educational under-achievement. The impact of these (often interacting) broad environmental factors is complex and impossible to quantify with any precision. In addition, not all incidents are reported to Police: t...

8. AF v X Standards Committee LCRO 84/2014 [pdf, 279 KB]

   ...by the statute. [55] Ms AF emphasises that she is not opposed in principle to producing her files. She contends that the direction to produce her files is the end result of a flawed process. [56] The Act places considerable focus on consumer protection and the need for public confidence in the provision of legal services. [57] Part 7 of the Act establishes the mechanism for complaints and professional discipline. [58] Pivotal to the complaints process is the role played by the...

9. Denyer v CAC 403 and Kenny [2019] NZREADT 18 (6 May 2019} [pdf, 239 KB]

   ...other offers (although she considered it unusual in this case, given the sum the vendor was seeking for the property) but was concerned that the new owner may have been misled about the MTNZ report, and be living in a P house with no knowledge or protection. [17] Ms Denyer further stated that she believed that her offer to purchase the property was not presented to the vendor, because Ms Kenny knew that the MTNZ report was “fraudulent”. She went on to say, however, that...

10. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

    ...where the Court stated: [33] It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [26] In the recent decision of Commissioner of Inland Revenue v Chesterfields Preschools Ltd, the Court of Appeal also considered the requirements for striking out an app...