Search Results

1. Ngunguru Coastal Investments Ltd v Climo - Horahora 1B4A2D1 and others [2012] Māori Appellate Court MB 80 (2012 APPEAL 80) [pdf, 494 KB]

   ...te iwi Maori kia taea ai enei kaupapa te whakatinana: Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of t...

2. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...liability. I certainly accept that they have acted honestly. There was no call to remove trustees and I certainly do not see any basis to terminate the Trust. [60] In my view, there is no adequate remedy available. The Trust will certainly need to carefully examine the future viability of its social housing portfolio. I understand from Mr Rishworth that these matters are the subject of discussions with HNZ. The trustees will also need to reflect on the importance of following t...

3. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   ...Cleaners’ response [11] Of the three grounds relied on for a strike-out order, two are related: that the challenge is frivolous and vexatious, and that it is an abuse of the Court’s process. In essence, Ms Chinan submits that there has been a protection order in place against Mr Barron stemming from the breakdown of the de facto relationship since 2012, with him being sentenced to nine months’ supervision for breaches of the order in 2015; and that having regard to extended l...

4. [2018] NZEnvC 009 Invercargill Airport Ltd v Invercargill City Council [pdf, 6.6 MB]

   ...Airport Operations Zone: (E) Conference Facilities, subject to : (a) Use of any single facility to a maximum of 100 persons at any time (.al--l=IBlIF&-ef-tlse-lleffi~-restFiGt€G-fe-l3er4eds-ef--F€!3ular-SGIleElH leG S€fViG8S0 A tRPORT PROTECTION ZONE Discretionary Activities: The following are discretionary activities in the Airport Protection Zone: (A) Airport activities. (B) Alterations or additions to existing buildings or parts of buildings used eF aele-te--Ge-...

5. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...injunction, applicants must also fulfil the legal elements relating to the action of trespass before the Court will exercise its jurisdiction to grant the remedy. These elements are set out below: The action for trespass to land is primarily intended to protect possessory rights, rather than rights of ownership. Accordingly, the person prima facie entitled to sue is the person who had possession of the land at the time of the trespass. Actual possession consists of two elements:...

6. International comparisons of recorded violent crime rates for 2000 [pdf, 288 KB]

   ...for marriage or sex, indecent assaults, inducing sexual connection by coercion, sexual violation by rape or unlawful sexual connection, attempt to commit sexual violation, assault attempt to commit sexual violation, sexual intercourse with girl under care or protection, sex offence against male victim (Crimes Act 1961)) • Abnormal sex (incest, bestiality, indecency with animal, compelling indecent act with animal) • Immoral behaviour/miscellaneous (unlawful sexual intercourse, attempted...

7. LCRO 175/2020 PM obo MNO Limited v FS and BL (22 April 2021) [pdf, 221 KB]

   ...determined as being whether:6 Ms FS and Mr BL have used the statutory demand process properly and have complied with their professional obligations. [33] The Committee referred to r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) and noted that this provided that “a lawyer must use legal processes only for proper purposes”. [34] The Committee gave as an example of a breach of r 2.3, a lawyer “[issuing] a statutory demand under...

8. Dowsons v CAC 409 & Franklin and Franklin v CAC 409 & Dowsons [2019] NZREADT 15 [pdf, 255 KB]

   ...standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee, contravened provisions of the Real Estate Agents Act 2008 (“the Act”) and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and was incompetent or negligent. (a) The agency agreement [16] The Committee found that Ms Franklin initiated contact with Mr and Mrs Hull. It rejected her statement that Mr and Mrs Hull had initiated co...

9. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...staffed in shifts by residential youth workers. Each shift has a team leader and a shift leader designated for each of five residential units. [11] Mr Baillie started working at Te Puna Wai as a residential youth worker in May 2017 following a career with the Department of Corrections. In early April 2021, he returned to duty after a period of sick leave. [12] The young person was placed in Te Puna Wai in late March 2021 while Mr Baillie was on sick leave, but they knew each...

10. Alcohol and Other Drug Treatment Court Outcomes Evaluation 2018-19: Summary Evaluation Report [pdf, 1.3 MB]

    ...victim’s views and providing intelligence on the defendant. There was one Police prosecutor in Waitakere and five rostered in Auckland. • Defence Counsel provide services that advocate for and represent participants to ensure their rights are protected. Over the process defence counsel have been encouraged to become more engaged with the AODT Court process. • The Pou Oranga (Māori adviser) was a new role established in October 2013 to give advice on how to engage with Mā...