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1. Haira v White – Te Rihari Trust (2016) 136 Waiariki MB 220 (136 WAR 220) [pdf, 223 KB]

   ...October 2015, and the decline in his participation in trust activities was evident as early as February 2015. I also note that by his account he was able to attend other hui during the period of his absence from Te Rihari Trust business. [37] Clause 8 of the trust order provides for removal of trustees as follows: 7 8 Removal of Trustees a The Court, for sufficient cause, may at any time remove a Trustee from office. b In addition to the grounds upon which a Trustee might be r...

2. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   ...offer our views on what counsel more accustomed to de novo plan appeals should consider (and brief their clients on) before entering this different world of independent hearings panel plan- making. Overview of the AUP and CRDP inquiry processes [5] With some similarity to the Environment Court, our panels comprised both judicial and expert members, the expertise being in planning, tikanga Māori, business and engineering. Appointments were by relevant Ministers. Each panel had a se...

3. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...remains an employee. Unlike most immigration advisers, she is not the owner and director of the company which took the client’s fee. However, I do not accept Mr Logan’s submission that payment of the refund is out of Ms Elizabeth’s hands. Clause 24(c) of the Code requires an adviser to “promptly provide any refunds payable upon completing or ceasing a contract for services”. That obligation is personal to the adviser. She must pay it. [73] The complainant has set out...

4. Te Manutukutuku Issue 24-25 [pdf, 5.4 MB]

   ...those cases first dealt with in the long claimant queue. To alleviate these problems and to further assist the pri­ oritising, grouping, marshalling and hearing of claims, a national review of claims is now proposed. Pursuant to second schedule clause SA.of the Treaty of Waitangi Act 1975 therefore, the Tribunal is commission­ ing research to advance the inquiry into the claims as a whole, and to provide a national overview of the claims grouped by districts within a broad historical...

5. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...Early Start was at that time working with Mr Fitikefu’s former partner and baby daughter. 1 [This decision is to be cited as Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 51 2 [2] The alleged disclosure occurred many years ago on 11 June 2010 and the case for Corrections on this strike-out application is that Mr Fitikefu has delayed too long the fil...

6. Yuile v Smith - Tuahu 6 (2022) 112 Tairawhiti MB 20 (112 TRW 20) [pdf, 320 KB]

   ...matter of Tuahu 6 I WAENGA I A Between IRA JOSEPHINE YUILE Te Kaitono Applicant ME And ARCHIBALD MCROBERTS SMITH Te Kaiurupare Respondent Nohoanga: Hearing 13 December 2021, 110 Tairāwhiti MB 75-85 (Heard at Gisborne) Kanohi kitea: Appearances P Harman for Respondent Whakataunga: Judgment date 23 June 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of Judge D H Stone

7. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...laboratory workers under the RONZ PSA MECA would be paid less for weekend work than their APEX colleagues. The PSA followed up with an email on 23 March 2020: Further to our discussions on Friday afternoon attached please find the relevant clauses from the NZBS SECA that we are seeking to include in the [RONZ PSA MECA] as a variation. The need for this as discussed has arisen from a number of contacts that we have had from our Laboratory Services members concerned that as the te...

8. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   LCRO 100/2010 LCRO 92/2011 LCRO 153/2012 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Wellington Standards Committee 2 BETWEEN TE Applicant AND WELLINGTON STANDARDS COMMITTEE 2 Respondent (in respect of LCRO 100/2010 and LCRO 92/2011) AND NT Respondent (in respect of LCRO 153/2012) The names and indentifying details of the parties

9. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...that this deed is of no legal effect. Despite that, in her affidavit, Tracey Hill states: 14 Even though there are questions about the status of the Trust Deed, as a Trust Board we as trustees have followed the obligations of the Deed stated at Clause 8 which provides powers to the trustees. These are wide powers which allow us to get on with the job of running the Marae. [44] Such evidence from the trustees only adds weight to the finding that there are serious questions in t...

10. 2020-AKL-083 OJI Fibre Solutions (NZ) Limited v Waikato Regional Council [pdf, 187 KB]

    Page 1 BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KŌTI TAIAO TĀMAKI MAKAURAU ROHE ENV-2020-AKL- IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of an appeal pursuant to Clause 14 of the First Schedule to the Act against the decision on submissions on PROPOSED PLAN CHANGE 1 (WAIKATO AND WAIPA RIVERS) TO THE WAIKATO REGIONAL PLAN BETWEEN WAIPA DISTRICT COUNCIL Appellant AND WAIKATO REGIONAL COUNCIL Respo...