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1. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...applicant becoming a beneficiary of the trust and not the applicant herself. Knowing that this would reduce their entitlement, the applicant contends that they would be unlikely to consent. Moreover the trustees have already rejected the applicant’s request to gift the applicant the 1/6 of land interests derived from Tawhiritoroa. [14] The applicant also submitted that there was no consideration by the Court to the effects of making such orders and statements, and as such the s...

2. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...Defendant 3 INDEX INTRODUCTION [1] Short summary of facts [1] The evidence [6] The defendants [11] The Crown [13] The burden of proof [14] “No proper basis for that decision” [18] BACKGROUND TO THE INFORMATION PRIVACY REQUESTS [24] THE TERMS OF THE INFORMATION PRIVACY REQUESTS AND THE TERMS OF THE REFUSAL BY THE ATTORNEY-GENERAL TO DISCLOSE THE REQUESTED INFORMATION [38] The July 2015 requests [38] The 5 August 2015 refusal of the requests [40] Transf...

3. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...Respondents appear to be relying solely on the self interested advice of Mr Carswell and Bob Weston along with GEL, and their lawyers. Messrs Rabindran and Weston provided an evaluation report to TGL in March of this year on a tender process that requested proposals from suitable companies, which resulted in a shortlist of two, Ormat and Mighty River Power. [27] Ms Aikman submitted that given the close relationships between Messrs Rabindran, Carswell and Weston and their associated...

4. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

   ...filed the following documents: a) On 7 June and 21 September 2018 memorandums stating that the applicant “does not have standing to file the application.” Counsel noted that the applicant had not been in contact with the Callaghan sisters and requested that the applicant produce birth certificates for the sisters that name “Tamati Rungarunga (Snr) as their father.” b) Counsel stated that an application should be filed by the Callaghan sisters, or other persons who have st...

5. Dablo v Tan [2013] NZIACDT 28 (20 May 2013) [pdf, 234 KB]

   ...under delegation). [27] Ms Tan did not lodge an application for residence at this time. Appeal to Removal Review Authority without authority [28] Ms Dablo was told an appeal had been lodged with the Removal Review Authority, and shown an appeal form that had been completed and signed as though she had signed it. In fact, Ms Dablo had never signed the form or given instructions for it to be completed. The appeal form was dated 24 November 2009. 4 [29] Ms Dablo regar...

6. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...objection is not an adequate response to the Treaty’s terms … Criticism that a tribe has failed to object is largely to blame the victim of the historic process for its current condi- tion … Modern circumstances compel the need for legally cog- nisable forms of tribal institutions with authority to represent the tribe on local issues and adequate resources to assist the formulation of tribal opinion.394 In the Muriwhenua Fishing Claim Report (1988), the Tribunal considered that in circum...

7. LA - Part 2 - Areas of Law Waitangi Tribunal [pdf, 777 KB]

   ...for each area or category. Case examples should be cases where you played a substantial and active role. Examples need to demonstrate substantial and active involvement across the range of cases. Please complete the Waitangi Tribunal Case Examples Form. You must provide the following case examples: • Provide at least three examples of substantial Waitangi Tribunal proceedings. • Each example must demonstrate that you had a substantial and active involvement in the case. • all...

8. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

   ...further issues regarding compensation, if any, that arise under the WACA that would have arisen had I found the animal to have been shot on DOC land. Referee: J Costigan Date: 14 April 2016 CI0301_CIV_DCDT_Order Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to a...

9. BL v GG Ltd [2022] NZDT 200 (5 December 2022) [pdf, 176 KB]

   ...2. The issues I must decide are: a. Is BL entitled to cancel her one-year gym membership with GG Ltd? b. If yes, is the amount claimed reasonable? Is BL entitled to cancel her one-year gym membership with GG Ltd? 3. A contract is formed when two parties exchange something of value. In this situation BL paid $2330.00 for a one-year gym membership at GG Ltd. 4. BL states she did not sign any paperwork when she agreed to pay for the one-year membership. She states she n...

10. QD & SC v NU [2023] NZDT 756 (12 December 2023) [pdf, 207 KB]

    ...and SC had to purchase cladding and flashings. 24. The cost the cladding and flashings is proven. 25. NU is liable to QD and SC for that amount. Referee: Nicholas Blake Date: 12 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...