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1. XKL v Corrections [2024] NZHRRT 24 [pdf, 120 KB]

   ...v Corrections [2024] NZHRRT 24. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 24 I TE TARAIPIUNARA MANA TANGATA REDACTED DECISION OF TRIBUNAL1 2 [2] In February 2022, XKL made an information privacy request under the Privacy Act 2020 (the Act) to Corrections for CCTV and on-body camera (OBC) footage of an incident during a search of XKL by a Corrections officer. [3] Corrections refused XKL’s request. XKL subsequently filed a claim th...

2. Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) [pdf, 671 KB]

   ...assessments and ensure fairness in dealings. This includes assessing the processes of those administering the land, and whether such functions have been carried out in a fair and rational way. Ms Wara submitted that the Court below correctly formed the view that the sibling relationship within the trustees fell within the range of potential conflicts, due to the risk of nepotism having an influence on decision making. [53] In terms of the management of the conflicts, Ms Wara submi...

3. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C, Tamaki 2A2A (Balance) [2016] Māori Appellate Court MB 329 (2016 APPEAL 329) [pdf, 238 KB]

   ...Mei Tatere and Denise Casey in common as to a 1/9th share each. [3] Those orders were subsequently drafted and sealed. The Te Aute Trust Board (TATB) now seeks to have them amended to accurately reflect, it says, the orders made. The amendments requested are: (a) Amend any reference to the “Te Aute Trust Board” to read “The Te Aute Trust Board” and amend any reference to the “Waiapu Board of Diocesan Trustees” to read “The Waiapu Board of Diocesan Trustees”; and...

4. Smith - Whakaki Lake Trust (2021)102 Tairawhiti MB 186 (102 TRW 186) [pdf, 281 KB]

   ...independent of the Whakakī Lake Trust, was appointed as a non-voting scrutineer to provide transparency; • Registration process for all attendees against the Court record; • Signing of attendance Register for the registered owners; • Voting forms handed to registered owners; • Documentation of nominations • Nominees given the opportunity to introduce themselves and take questions; • Voting by forms were used to list preferred nominees. • Returning officer gathered...

5. [2018] NZEnvC 218 Aratiatia Livestock Limited v Southland Regional Council [pdf, 9 MB]

   ...jurisdictional issues. In addition to the two entities and the Council, Meridian Energy Limited ('Meridian') was the only other party to file submissions. The parties agree that the matter can be dealt with on the papers. [4] The Council later informed the court3 that it "did not express any views" as to whether or not WRG or WRLC would be able to meet the legal tests by reasons not stated in their s274 notices.4 Rather, the Council seeks only to bring the matter t...

6. LQ Burgess 28 June 2014 NZSHD 9 [pdf, 44 KB]

   ...Objection noted that the applicant was due to appear next to answer the charges before the Waitakere District Court on 26 May 2014. [8] On 22 April 2014 the applicant wrote to the Authority. In her letter she said “I wish to lodge an appeal and request a hearing to have this matter adjudicated”. The Authority took this to mean that the applicant was requesting a hearing in person before the Authority pursuant to s.26(1) of the Act. [9] In a Minute dated 26 April 2014 the Authori...

7. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...judgment in Just Hotel Ltd v Jesudhass, 4 the advocate submits that the offers made simply “without prejudice” are inadmissible. [15] I interpret the “without prejudice” label attached to the offers as being one intended to be in the fuller form of “without prejudice except as costs” and not simply what would be the unusual and largely meaningless literal “without prejudice”. The offers were made not only in an attempt to settle the proceedings but also, as in mo...

8. AE v ZV [2014] NZDT 559 (9 June 2014) [pdf, 32 KB]

   ...absences overseas, and she represented him in the hearing. [2] ZV was planning a major extension to his house. In August 2013, he approached AA to seek a waiver of AE's right to object to a proposed height-to-boundary infringement. He also informed her that survey plans showed the boundary fence was not on the correct boundary line. The fence encroached on AE's land by up to 50cm at the widest point, although there was some more minor encroachment on ZV's land at th...

9. JS v CL LCRO 180/2013 (19 May 2014) [pdf, 84 KB]

   ...and the lawyer’s response and concluded that it “could find nothing to substantiate a claim that Mr CL had acted inappropriately…consider[ing] that he had acted in the best interests of his client, followed her instructions and kept her informed”.6 It observed that Mr JS “was entitled to seek independent legal advice if he intended to make a claim against the estate...” 3 Settlement Agreement dated 18 February 2011 at p 3...

10. RT v MX LCRO 284 / 2011 (12 October 2012) [pdf, 76 KB]

    ...decision is soundly based on the evidence before the Committee. Committee’s are made up of experienced lawyers, together with a non lawyer representative of the community. [10] The Applicant sought a review of the Committee’s decision and requested that “the lawyer (be) disciplined for inappropriate behaviour and an apology offered for his inappropriate phone call and remarks.” His expanded submissions in support of his review application largely repeated the essence of...