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1. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...conferred by this Act shall be exercised, as far as possible. in a manner that facilitates and promotes the retention, use development and control of Maori land as taonga tuku iho by Maori owners, their whanau, their hapu and their descendants, and that protects wahi tapu". (emphasis added) [33] The extent to which it is "possible" to apply section 2(2) to the powers, duties and discretions of the Court depends on the statutory context of those powers, duties and discretions....

2. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 8 READT 016/18 IN THE MATTER OF A charge laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 413 AGAINST BERNADETTE MAKUINI MARR Defendant Hearing: 26 – 30 November, 3 – 4 December 2018 Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Mr N O’Connor, Member Appearances: Mr S W

3. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...neutral. 19 Note Singh v Eric James & Associates Ltd [2010] NZEmpC 1 at [17], where it was held that: “Taxation arrangements, both generally and in particular, are a relevant consideration but care must be taken to consider whether these may be a consequence of the contractual labelling of a person as an independent contractor.” See also Bryson v Three Foot Six Ltd, above n 14, at [56]. In that case invoices were generat...

4. Te Manutukutuku Issue 29 [pdf, 9 MB]

   ...and a member of the Courts' Consultative Committee. Continued over page 3 Professor Gordon Orr Gordon Orr, former Secretary for Jus­ tice and expert on administrative law, re­ gards his Tribunal work as "the culmina­ tion of my career and the most interesting and rewarding work I have done." He com­ bined a deep interest in New Zealand law and history-principally of legislative so­ cial reforms-in a three-cornered career involving the practice, administration a...

5. [2019] NZEnvC 178 Chapel Road Partnership Trust v Auckland Council [pdf, 25 MB]

   ...activities, which is to provide for the community's social, economic and cultural wellbeing, while being compatible with the scale and intensity of development anticipated by the zone so as to contribute to the amenity of the neighbourhood and the protection of residential character and amenity. 5 [17] The JWS goes on to identify that although the noise issues were not the reason for refusal, they were satisfied with some amendments to the conditions and the noise management p...

6. [2023] NZEnvC 021 Regina Properties Ltd v New Plymouth District Council [pdf, 611 KB]

   ...parking provided in front of the BUILDING, while others are located up to the street with parking areas provided at the side or the rear of the BUILDING. Advertising is usually through SIGNS rather than window displays, and generally no weather protection is provided. To ensure that adverse effects on visual amenity are avoided or mitigated the requirements for bulk, location, HEIGHT, COVERA.GE of the SITE, setbacks, provision of verandahs and shop \vindows, SIGNS and landscaping...

7. He Huanga o te Tika Report for Te Rau o te Tika the Justice System Inquiry [pdf, 7.5 MB]

   ...tikanga, ki tōna tūranga matua, te ūkaipō i takea mai ai ia. Kei Cohesion and community safety When the whole community fully subscribes to tikanga, it keeps them safe. That unity of under- standing and purpose – a shared consciousness – protects them from pressures that come both from inside and from outside the community. If they hold fast to their own sense of what is right, they can withstand competing external values. By exten- sion, when that sense is disrupted, the commu...

8. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...April 2013, and I also gave leave for Mr Taueki to speak to an affidavit that he had prepared when the hearing took place in May 2013. It was clear to me that Mr Taueki is a passionate advocate for the restoration of Lake Horowhenua and for the protection of the surrounding land. He is deeply committed to this work. In pursuit of those onjectives he tends to take an uncompromising line against all who oppose him, whether they be fellow beneficial owners, trustees or third party user...

9. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...relevant. No adverse effect 2014 Chief Judge’s MB 625 [48] It was submitted by the respondents that the applicant has not been denied any access, nor has the applicant shown an adverse effect on the ability of Ngāti Awa to visit and care for those who are buried at Otara o Muturangi. There is therefore no adverse effect upon them. [49] The respondents submitted that the applicant is in fact relying on prejudice from historical loss of land and interests through Crown...

10. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

    ...Agreement, we have not found any suggestion of wrongdoing. To the contrary, there is considerable detail of a difficult, protracted purchase.” [48] We can understand those views of Mr Findlay. [49] Ms Pender submits that equity has always offered protection to a party who performs obligations in good faith, believing that an agreement exists and that, under s.126 of the Act, recovery of a commission is not always dependent on an agency agreement. She puts it that, under the circums...