Search Results

1. RS v NC LCRO 70/2011 (17 April 2013) [pdf, 85 KB]

   ...that the Practitioner had not undertaken sufficient enquiry into their claims and had not applied for Legal Aid. The allegations against the Practitioner, were that he: • Acted incompetently. • Did not follow instructions. • Failed to protect the interests of the RS/AS whānau. • Failed to adequately inform the RS/AS whānau. • Did not adequately keep the RS/AS whānau aware of legal costs. • The costs should go to/be paid by Legal Aid. [6] The Practitioner’s...

2. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...effect to the wishes of the owners, per s 17 of the Act, even more relevant. The decision of this Court in Whaanga v Niania - Anewa Block underscores the reality that, in the context of assessing owner support and opposition, each case must be carefully considered on its merits.20 [35] The starting point is that owners can make ordinary use of the land and do not require the consent of their co-owners. The views of the owners as demonstrated by an owners’ meeting will always be...

3. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...MB 116 (1 AP 116) at [9], Hoko – Papamoa 2A1 at [18] and Craig v Kira – Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 at [24]. In short, such an approach subverts the 8 Taitokerau MB 223 kaupapa of the 1993 Act and undermines the protection of the preferred classes of alienees under s 147A. [35] Craig – Wainui 2F4D is the leading authority in this area. The Court discussed the exercise of discretion and the principles that apply in some detail (paragraphs 12 to 30)...

4. INZ (Foley) v Niland [2019] NZIACDT 5 (5 February 2019) [pdf, 189 KB]

   ...contact with him. [26] Ms Niland accepted that the multi-party arrangement with the Philippine and Sri Lankan companies was ill conceived. The agreement was poorly worded. It was not tailored to Mr W’s circumstances. It did not adequately protect her or Mr W. She acknowledged not maintaining an adequate relationship with Mr W as required by the Code. Ms Niland had believed that if she had a contractual relationship with Mr W and provided him with an agreement and a copy of th...

5. Rophia v Tipene - Matua Porangahau No2B No 10 (2020) 86 Takitimu MB 84 (86 TKT 84) [pdf, 372 KB]

   ...person with the accountants and auditors for the marae. [23] Regarding general principles including acting in accordance with the law, cl 3.1 of the charter provides: In addition to acting in accordance with the guiding values of this charter to protect and preserve the mana of Ngāti Kere, the trustees shall act in accordance with the TE Ture Whenua Māori Act 1993, the Māori Reservations Regulations 1994 and associated amendments, and all other applicable legislation. [24...

6. Beef + Lamb NZ - EiC - H M Marr - Planning (5 Feb 2021) [pdf, 176 KB]

   ...limited ability for new innovative uses to access water. For these reasons (and others), I do not recommend grandparenting as a long-term water or nutrient allocation option. However, grandparenting can be a useful tool in the short term, when used carefully. It is useful for holding the line while gathering more information and developing a more robust long term allocation option, which is the case in PC7. Reference periods 31. PC7 uses historical ‘reference periods’ fo...

7. 15.-Evidence-of-Mr-Gregor-McLean-Erosion-and-Sediment-Control64012503.1.PDF [PDF, 224 KB]

   ...contributed to the trigger being exceeded. 64. I am comfortable that the proposed suite of monitoring outlined in the ESCMP is appropriate and will ensure a high level of sediment treatment. Page 12 65. I agree with Mr Pearce that greater care is required when working in and around streams.13 Mr Pearce considers a condition requiring that all stream works be undertaken in the 'dry' is required. I consider that this requirement is contained within existing Con...

8. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...seizure. Section 22 – Right not to be arbitrarily detained 46. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.12 47. A person is regarded as detained within the meaning of s 22 if, amongst other things, there are statutory restraints of a person’s movements (accompanied by penalties for non-complianc...

9. AD v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 118 [pdf, 201 KB]

   ...familiarise himself with the ACC 1 Alderson v Accident Compensation Corporation [2006] NZACC 129. 10 provisions as it may affect him and it is for him to seek out the necessary advice and take the necessary steps that may be required to fully protect him. [41] In Palmer,2 Judge Joyce stated: [30] Then there would be the issue of whether the Corporation could be determined to be acting "in trade" and that is problematic in itself. Then too - and fundamentally - ev...

10. [2025] NZREADT 06 - UX v REAA (19 February 2025) [pdf, 292 KB]

    ...information redacted largely related to the names of parties presenting tenders, as well as the price and conditions tendered. While no privilege existed, there is an argument that these third parties should have their privacy and business affairs protected. Such rights are afforded under the Privacy Act 2020. It is submitted that the information is unlikely to have a bearing on the Tribunal’s decision, given it was at the discretion of the vendors what tender they accepted. [3...