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  1. Summary of submissions and final decisions [pdf, 347 KB]

    Legal Aid Services Family and civil legal aid application form Submissions and final decisions November 2017 Foreword Thank you to everyone who engaged with the review on the combined family and civil legal aid application form, either through the Ministry of Justice website or via submissions to the New Zealand Law Society. Your contributions have helped us to depart from requiring multiple fo

  2. Carmont - Estate of El-Alamein Harawira (2019) 195 Taitokerau MB 103 (195 TTK 103) [pdf, 71 KB]

    ...deceased’s children. Is Mr Carmont entitled to a life interest under the Act? [9] Pursuant to s 108(4) of Te Ture Whenua Māori Act 1993, any owner of a beneficial interest in Māori freehold land may leave that interest by will to the owner’s spouse, civil union partner or de facto partner for life or any shorter period. [10] If an owner of a beneficial interest in Māori freehold land dies intestate, leaving a spouse or civil union partner, then pursuant to s 109(2) of the Act...

  3. Appleton v Krissansen - Whangamata 4D 1C 1B (2019) 176 Waikato Maniapoto MB 115 (176 WMN 115) [pdf, 272 KB]

    ...decision, counsel for the respondent, Mr Hockly, filed submissions as to costs. Unfortunately, these submissions were not referred for my consideration in an expeditious manner, and in the meantime I issued orders for payment of Mr Hockly’s legal fees from the Māori Land Court Special Aid Fund pursuant to s 98 of Te Ture Whenua Māori Act 1993. [3] I must now determine whether costs should be awarded and, if so, at what amount. Respondent’s submissions [4] Mr Hockly, on...

  4. LCRO 149/2023 HV v BQ (29 April 2024) [pdf, 136 KB]

    ...publication of the primary decision in any form was not warranted. [3] The unsatisfactory conduct finding I have already made was a cumulative one but I would have made it just for the breach of r 3.4(a). The requirement to explain the basis on which fees will be charged is an important consumer protection measure. [4] Where there is either a fee agreement or a unilateral commitment to charge fees by reference to a formula, it is even more important that an explanation be given and...

  5. Logan v Logan - Patangata 2F Section 2B [2022] Maori Appellate Court MB 370 (2022 MAC 370) [pdf, 219 KB]

    ...sale of the land which would have had the effect of depriving her client the ability to file progress an appeal and assert rights in relation to that property. [16] Finally, it appears that Ms Thornton has submitted that as her client has paid her fees and costs associated with her own unsuccessful application, and given that the respondent has received funds from the sale of the property, that those matters should be taken into consideration in the Court’s determination for costs....

  6. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

    ...be justified on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by...

  7. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

    ...be justified on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clauses 26(3) and 30 of the Bill respectively exclude damages or other forms of monetary compensation as a remedy...

  8. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

    ...justified on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether cl 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the...

  9. OIA-102711.pdf [pdf, 168 KB]

    ...DISPUTES TRIBUNAL – NEW PLYMOUTH The Disputes Tribunal is currently seeking expressions of interest in the role of Disputes Tribunal Referee in New Plymouth. The Disputes Tribunal is a division of the District Court, and currently hears a range of civil claims up to a value of $30,000.00. Most of our disputes involve contract and consumer issues, but we also deal with other civil matters, such as car accidents, or claims in negligence causing damage to property. Referees are appoint...