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1. Ngati Paoa Iwi Trust v Ngati Paoa Trust Board - Ngati Paoa (2018)173 Waikato Maniapoto MB 51 (173 WMN 51) [pdf, 408 KB]

   ...2017, and a full board met for the first time on 10 November 2018. Approval for the appointment of further trustees and for financial reporting was given because it was believed that settlement was imminent. The Minister for Treaty Negotiations requested the Iwi Trust’s deeds be revised to meet the requirements on trustees and reporting on 18 September 2018. [43] It is not unusual for both a PSGE and a mandated iwi authority to co-exist for some time after settlement, however, when...

2. [2007] NZEmpC AC 60A/07 X v Bay of Plenty DHB [pdf, 47 KB]

   ...the doctrine of res judicata will prevent the same issue being determined again between those parties. [49] A key indication of whether a determination is substantive will be whether it affects the remedies sought by the parties or otherwise forms part of the resolution by the Authority of the employment relationship problem between the parties. If it does, the determination will almost certainly be a substantive one. [50] A procedural determination will direct the manner in wh...

3. Director of Proceedings (EFG) v Commissioner Police [2012] NZHRRT 8 [pdf, 87 KB]

   ...The agency must protect against (inter alia) loss, unauthorised access, modification or disclosure. Above all the agency is under a mandatory duty to give to the individual access to the information (principle 6) and the individual has a right to request correction of that information (principle 7). Indeed the agency has an obligation on its own initiative to take such steps to correct the information as are, in the circumstances, reasonable to ensure that, having regard to the purposes...

4. Baigent v ACC interim [2014] NZACA 15 [pdf, 55 KB]

   ...backdated attendant care compensation, which Mr Baigent declined because he contended that compensation should be based on the rates paid for 24-hour attendant care by a registered nurse, as this was the level of his actual care needs. [5] I have no information concerning the negotiations that took place between 1998 and March 2006, and I have therefore confined the balance of the background to cover the subsequent review and appeal decisions concerning the rate at which Mr Baigent’...

5. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...applicant also challenges the validity of subsequent orders whereby Matiu Ellis transferred the shares to his son Ratahi Matiu Ellis. Ratahi Matiu Ellis then partitioned out his shares in the block, he now owns the block Matapihi 8A (general land) the former parent title Matapihi 1B2C2D is now known as Matapihi 8B Block. 4. Summary of applicant’s claim The applicant asserts that she has been adversely affected by the above order and subsequent orders and further that the original app...

6. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...to make any order for hurt, humiliation, distress and loss to reputation. Orders [47] Pursuant to s 110(2)(b) of the Act, the Tribunal orders that Mr Tucker’s licence is cancelled as from the date of this penalty decision. [48] Ms Pender requested that if an order for cancellation were made, the Tribunal direct that the order not take effect until the hearing on 4 April 2017 of Mr Tucker’s appeal to the High Court against the substantive decision. Counsel for the Committe...

7. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...early, advantageous resolution. The Standards Committee decision to censure the practitioner and impose a fine of $5,000 was upheld by the LCRO. [31] In HTO v AG, the practitioner acted in a commercial dispute about TV channels. The practitioner requested HTO to disable a website and take other actions. The offending letter stated: Our client demands that you undertake the above actions by 30th August 2011 and send us confirmation to that effect with the signed agreement on or be...

8. McLeod v C Yap [2013] NZIACDT 19 (28 March 2013) [pdf, 177 KB]

   ...issues in relation to the initial engagement between the parties where Mr McLeod was not satisfied. The papers initially presented to the Tribunal did not provide sufficient information to deal with a number of the potential issues. [5] Ms Yap was requested to provide information in relation to such issues in the first minute issued 14 November 2012. She presented satisfactory explanations and supported them with documentation. However, there was one issue which has not been satisfacto...

9. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...Gloriavale, they were living in servitude. Mr Skelton said the question of whether the Court should make such a declaration was not to be dealt with at the imminent hearing, yet evidence was to be given on the topic. [110] Mr Henry acknowledged that no request had been made for the declaration as to servitude to be considered at the preliminary hearing. He explained that this particular declaration was aimed at the first defendant. But before that question could be considered it...

10. [2014] NZEmpC 25 Law Ors v BOT of Woodford House Ors [pdf, 518 KB]

    ...sleeping there. [6] Regrettably, the case was not able to be concluded at the hearing on 15 May 2013. Documents continued to emerge for the first time on the eve and over the nights of the hearing. It appears that the parties had not undertaken formal disclosure and document inspection processes under the Employment Court Regulations 2000. Although documents disclosed in this way often win or lose cases, parties are nevertheless free to choose informal (and therefore sometimes