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1. Wyatt v CAC 10040 & Barefoot & Thompson [2012] NZREADT 22 [pdf, 110 KB]

   ...alternative, the appellant submits that the calculations regarding costs put before us on behalf of the second respondent are incorrect in several respects. [11] The appellant maintains that his complaint that the second respondent used an out of date form of agreement for sale and purchase meant that his complaint had substance so that there could be no justification for the concept of increased costs as put for the second respondent. The appellant adds, that having paid the second...

2. Paki – Matauri X Inc (1996) 5 Taitokerau Appellate MB 16 (5 APWH 16) [pdf, 389 KB]

   ...ho min of Management of Matauri X Incorporation. Whakaria Paki (the applicant) a brother of the donee on the 7th of October 1994, filed proceedings in the Maori Land Court at Whangarei pursuant to Section 18(1)(a)of Te Ture Whenua Maori Act 1993 requesting the Court declare the transaction (the transfer of shares to the donee) invalid and then determine ownership of the shares in favour of the donor as to a life interest with the remainder to all the children of the deceased equally. Th...

3. Notes from Crown Maori Relations hui in Thames on 28 April 2018 [pdf, 434 KB]

   ...approach that involves a wider social sector change. • Constitutional reform – Constitutional reform needs to be progressed – firming putting in place Te Tiriti at the centre of the NZ constitution. This would also reinforce that Te Tiriti forms the basis of the Crown/Māori relationship. Thames Crown/Māori Relations Hui (28 April 2018) Page 4 of 4 • Changing the public service system and capability improvement – There is a need for a sea change in how the public...

4. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...infringement allegations by copyright owners. CONSISTENCY WITH SECTION 14 OF THE BILL OF RIGHTS ACT 4. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind and in any form. The concept of expression is to be afforded the least restrictive interpretation possible.[1] 5. The act of copying may fall within the ambit of expression.[2] A person who reprodu...

5. Timeline of the Peter Ellis Case [pdf, 119 KB]

   ...Commission of Inquiry into the safety of a conviction in NZ legal history. Australian precedents based on discovery of fresh evidence after appeal rights exhausted – unlike Ellis case. If Commission for Peter Ellis, will be difficult to reject other requests on principled basis. CONSTRAINTS OF COMMISSIONS OF INQUIRY ACT 1908 Act inflexible and has limitations. 1908 Act provides for oral hearings and affected persons have rights to appear and be heard - not possible t...

6. Tane-Stockler - Hauturu East 8 (2003) 122 Otorohanga MB 17 (122 OT 17) [pdf, 288 KB]

   ...applicants to seek reinstatement or reapply if they eventually acquire the shares. However, as I have fully considered the application it may be helpful to the parties if I set out my views on the merits of the application by way of obiter, that is, informal comment not binding on the parties or any other Court. I have also included some other comments relative to the position of the trusts which appeared relevant in the light of this application. My comments are made on the basis of...

7. Gravatt v Bulmer (Costs) [2014] NZHRRT 42 [pdf, 44 KB]

   ...decision given on 1 September 2014 the Tribunal found it had no jurisdiction to hear Mr Gravatt’s claim that in his treatment of Mr Gravatt’s son, Dr Bulmer breached the Code of Health and Disability Consumers’ Rights (the Code of Rights). At the request of Mr Manning, costs were reserved. 2 [3] By application dated 3 September 2014 Dr Bulmer has sought an award of $3,600 as representing a reasonable contribution to his actual costs of $12,057.86 (GST inclusive). Reference...

8. [2018] NZEmpC 107 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 231 KB]

   ...category but Category 2, Band B is an appropriate classification. [13] Although the Court has a discretion, it must be exercised on a principled basis. [14] Under reg 6(2) of the Employment Court Regulations 2000, if a case arises for which no form of procedure has been provided by the Act or by the Regulations, the Court usually will look to dispose of the case as nearly as may be practicable in accordance with the provisions of the High Court Rules 2016. [15] Rule 15.23 of...

9. Motutere - Tahawai Parish of Lot 12A s 9, 16, 22, 26, and 32 Residue (2003) 76 Tauranga MB 182 (76 T 182) [pdf, 1.9 MB]

   ...March 2003. At that time I indicated that orders creating a Trust under Section 215/93 would be made and I appointed trustees under Section 222/93. I also indicated that time would be given for submissions to be made on variations to the standard form of trust order. I now give my reasons for making the orders and for the variations to the standard form of trust order. Background Tahawai Parish of Lot 12A Section 9, 16, 22, 26 and 32 (Residue) comprises an area of 3.2387 hectare...

10. Parekowhai - Mangaotane Trust Estate (2008) 181 Gisborne MB 88 (181 GIS 88) [pdf, 1.7 MB]

    ...examined more carefully and resolved. 181 Gisborne MB 90 [5] Mr Andrews acknowledged that a system whereby voting by show of hands in the ordinary course of business at general meetings was sensible with a provision to enable a vote by shares if requested. He fUliher noted that the trust had not experienced any significant difficulties over the election process because usually there were few nominees for the position of trustee and so incumbents were invariably re-appointed. S...