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

   ...also sought confirmation that payments under the BOT Agreement are non-refundable. Payments under the BOT Agreement are made pursuant to the terms of that agreement. The upfront fees payable by Tikitere Limited Partnership to TGL pursuant to clause 13.1 and the royalty payments during the operational period payable pursuant to clause 13.2 of the BOT Agreement, are not expressed to be refundable by the terms of the BOT Agreement. [78] In other words, as I understand the position fr...

2. Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) [pdf, 478 KB]

   2018 Maori Appellate Court MB 219 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAIRAWHITI DISTRICT A20170006805 APPEAL 2017/19 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF OHINEPOUTEA B BETWEEN THOMAS DONNELLY, PERRY HAKARAIA and RICHMOND JOHNSON Appellants AND DEPUTY REGISTRAR Respondent Hearing: 29 March 2018 (Heard at Gisborne) Coram: Judge S Te A Milroy (Presiding) Judge C T Coxhead

3. [2018] NZEnvC 207 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 825 KB]

   ...I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND AND Decision No. [2018] NZEnvC 1-Oi- of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act SUSTAINABLE OTAKIRIINCORPORATED (ENV-2018-AKL-000135) Appellant BAY OF PLENTY REGIONAL COUNCIL and WHAKATANE DISTRICT COUNCIL Respondents CRESWELL NZ LIMITED Applicant Court: Environment Judge D A Kirkpatrick, sitting alone pursuant to s 279 of the Act Hearing: At Auckland on 3 Octob...

4. LCRO 207/2018 PC v FM (10 September 2019) [pdf, 499 KB]

   ...client and respond. [20] On 14 August 2015, XYZ emailed Mr FM to say: … we would be willing to discuss a new longer term lease arrangement with you[r] client to a new lease term of your liking, however it would need to include a redevelopment clause providing approximately four months’ notice to terminate the lease. [21] In October 2015, Ms PC (now on month to month terms or simply holding over) entered into an agreement to sell the café business for $120,000 subject to the ne...

5. Summary of feedback on Adoption in Aotearoa New Zealand Discussion document [pdf, 227 KB]

   ...and paternal grandparents and whānau who were alive when we were brought into this world and never got the opportunity to meet”- adopted person (Māori) 33. Some people proposed any new adoption legislation should include a specific “Treaty clause” obliging decision-makers to give effect to te Tiriti when making decisions about adoption for tamariki Māori. The New Zealand Law Society and a number of other submissions proposed that the principles of te Tiriti be incorporated into...

6. November 2021 Notification of Applications in Office of Chief Registrar.pdf [pdf, 410 KB]

   ...Hirini Tau, Dale Van Engelen and Norma Rameka Te Runanga-A -Iwi-O-Ngapuhi - application referred to the Court pursuant to sections 26C and 237 of Te Ture Whenua Maori Act 1993 to determine a dispute concerning the interpretation and intent of clause 4.7(b)(i) of Te Runanga-A-Iwi O- Ngapuhi Trust Deed (the Trust Deed) and whether the decision making process was consistent with clauses 26-30 of the Trust Deed. A20210009535 45/93 Melodie Kiri Hayes CJ 2021/32 - Ratoru Mikaere II a...

7. Notification of Applications in Office of the Chief Registrar [pdf, 411 KB]

   ...Hirini Tau, Dale Van Engelen and Norma Rameka Te Runanga-A -Iwi-O-Ngapuhi - application referred to the Court pursuant to sections 26C and 237 of Te Ture Whenua Maori Act 1993 to determine a dispute concerning the interpretation and intent of clause 4.7(b)(i) of Te Runanga-A-Iwi O- Ngapuhi Trust Deed (the Trust Deed) and whether the decision making process was consistent with clauses 26-30 of the Trust Deed. A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X...

8. October Notification of Applications in Office of Chief Registrar pdf [pdf, 402 KB]

   ...Hirini Tau, Dale Van Engelen and Norma Rameka Te Runanga-A -Iwi-O-Ngapuhi - application referred to the Court pursuant to sections 26C and 237 of Te Ture Whenua Maori Act 1993 to determine a dispute concerning the interpretation and intent of clause 4.7(b)(i) of Te Runanga-A-Iwi O- Ngapuhi Trust Deed (the Trust Deed) and whether the decision making process was consistent with clauses 26-30 of the Trust Deed. A20210009535 45/93 Melodie Kiri Hayes CJ 2021/32 - Ratoru Mikaere II a...

9. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

   ...on his wrist. At the time of the accident, he was working as a cook on a casual basis. [4] On 21 June 2012, Mr Arthur’s GP, Dr Thamer Alsulaiman submitted a claim for cover for a right sprain tendon wrist or hand, to the Corporation On 25 June 2012, Mr Arthur was granted cover and began receiving weekly compensation. He was certified unfit for work, with restrictions around heavy lifting, pulling, and carrying. [5] On 5 July 2012, x-rays were taken of Mr Arthur’s wrist,...

10. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

    ...beliefs. [4] Mr Nakarawa has not taken proceedings under the Employment Relations Act 2000 because s 112 of that Act precludes such proceedings when (as here) a complaint is made under the Human Rights Act 1993 (HRA). An apology to the parties [5] Before the evidence is addressed the long delay in publishing this decision must be acknowledged and an apology offered to the parties. The case was not overlooked. Rather delays regrettably occurred because all members of the Tribunal are...