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1. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   ...claim 1 CHAPTER 1 INTRODUCTION This report was commissioned to provide an overview of Crown legal and administrative policy in compulsorily taking Maori land for public works purposes from 1840 to 1981. The intention is to provide background information, in order to assist in the development of Crown policy in settling Treaty claims arising from public works takings. Where necessary, areas requiring further research are also highlighted. Due to time constraints, this report is only a prel...

2. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...facilities and continue to trespass over Lot C. The occupiers of Lot C deny the claims and in effect counterclaim that Rex Carroll has permitted a nephew to move a caravan on to the land straddling both Lots D and C and has refused to take steps at the request of the occupiers of Lot C to remove the caravan from their site. [8] The issue for determination is whether or not the application for trespass and damages should be granted. In addition, a live issue remains whether or not th...

3. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

   ...satisfied that Mr Neilson has properly established his claim in terms of section 91(1)(b) and has ―scaled‖ the threshold for assessing substantial merit. The literal information advanced by Mr Irwin was clearly without substantial merit. It formed the basis of Mr Neilson‘s joinder and the revised claim from the claimant. All such documentation has been served on Mr Irwin and so available to him. The Tribunal therefore has ability to award costs against Mr Irwin. Mr Irwi...

4. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...The Tribunal has upheld the complaint. The Interim Decision [7] The Tribunal’s interim decision of 11 March 2014 is to be read with the present decision. The interim decision put the parties on notice of potential factual findings based on the information then before the Tribunal. The potential factual findings were: [7.1] The adviser was the sole licensed immigration adviser involved in the practice of Hammadieh Consultancy FZ LLC. [7.2] The agreement the complainants signed notif...

5. Tane-Stockler - Hauturu East 8 (2002) 120 Otorohanga MB 3 (120 OT 3) [pdf, 2.1 MB]

   ...owners In whom the land was vested by order of the Court at Te Kuill pursuant to Section 436 of the Maori Affairs Act 1953 on the 1 st day of October 1990. " The owners in Hauturu East 8 Block come from four whanau. Those whanau have each formed separate Trusts for the administration of their lands or assets. They are the Tanetinorau Opataia Whanau Trust, the Haami Haereiti Whanau Trust, the Whatakaraka Whanau Trust and the Te Riutoto Aihe Whanau Trust. Using the numbers set al...

6. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...Richard Boast QC has been commissioned to provide expert evidence and Dr Gilling was appointed counsel. It was intended that a hearing would be held in April 2016 however that did not occur. [3] On 18 July 2017, a hearing was convened at the request of David (Tuffy) Churton, an interested party.2 He expressed concern about the progress of the application. Mr Churton also raised issues surrounding what he termed was the improper alienation of the subject land by the Whanganui Tr...

7. 31 October 2015 Legal Aid News [pdf, 547 KB]

   ...collation of the results, we will publish the findings. Customer surveys allow us to regularly engage with our clients so we can measure levels of satisfaction of our services. Customer feedback is important to us as it helps us assess how we are performing and identify ways to improve our service delivery. Text Messaging As was noted in last month’s Legal Aid News, grants officers will be sending texts to criminal providers for urgent assignments from Monday, 2 November 2015. T...

8. S Ltd v E Ltd [2023] NZDT 601 (8 November 2023) [pdf, 141 KB]

   ...application to the tribunal alleging that the contract is with E Ltd, and E Ltd is liable for the outstanding payments. Issues 9. To resolve this application, I need to consider: a. Was E Ltd acting as the customer’s agent when the contract was formed? b. Was E Ltd’s identification of the customer sufficiently clear that E Ltd was outside of the contractual relationship? Agency 10. Agency is the legal concept where a person acts as the representative of another, an...

9. CT & KT v BD [2024] NZDT 478 (12 June 2024) [pdf, 176 KB]

   ...turned up at my home and he advised me what to do.” 5) Following receipt of BD’s communication of 10 June, I further directed: “BD is required to provide the Tribunal with verification as to when, specifically, he was in hospital. This information is required no later than this Friday 14 June.” 6) The Tribunal now has received a discharge document with respect to BD’s stay in hospital last year. This shows that BD was admitted to hospital on 29 September, and discharged...

10. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

    ...the Authority is required to dispose of problems and disputes promptly and without undue regard to technicalities. Consequently, when electing a non de novo challenge, careful attention should be given to the issue as to whether any additional information should be before the Court beyond that which is apparent from the determination under challenge. (emphasis added) [10] The challenge rights in s 179 have given rise to ongoing issues and confusion, particularly in circumstances...