Search Results

1. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...Mana Whenua and Panuku has not evolved as we envisaged. Cultural Significance of Te Waitemataa Overview 10. Our thoughts go first to our tuupuna, and the tikanga handed down to us, Mana Whenua - Mana Moana. This whakatauaaki refers to the enduring mana of the iwi over our ancestral lands and waters. It reminds us of the persistent struggle by our tuupuna to defend our taonga tuku iho - those treasures handed down by the ancestors. In this case, the whakatauaaki applies to...

2. [2017] NZEmpC 69 8i Corp v Marino [pdf, 156 KB]

   ...Parliament has very large powers to make law. Democratic principle argues that its will is to be given effect to. The courts are not to stand in the way of that will. On the other side and in potential conflict with democratic principle, are enduring principles (at least as they appear to the courts) which are not to be ignored unless Parliament has made itself very clear. [32] I also observe that while the term “final and binding” in s 149(3)(a) may appear, on its face, to b...

3. Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) [pdf, 340 KB]

   ...respect to trusts. In line with the Court of Appeal decision in Kain v Hutton counsel submits that when exercising its supervisory function the Court can only be concerned with the welfare of the beneficial owners. Mr Hickman argues that the enduring concern for the applicant is that the respondents are unable to maintain or utilise their major operating asset; the Hotel. Counsel says this is simply not the case. [40] Mr Hickman goes on to state that it is the trustees conduct wh...

4. Matchitt v Livesey - Parekura Hei Roadway (2003) 81 Ōpōtiki MB 178 (81 OPO 178) [pdf, 989 KB]

   ...Opotiki District Council may benefit from giving official recognition to and generally meeting with the Te Whanau a Ehutu Iwi Authority. In this way they could try and respond to the concerns of the hapuliwi as a way of building a better and more enduring relationship with those who have the "rangatiratanga" (chiefly authority) to the area. That authority, the hapuliwi believe, has been preserved and guaranteed by the Treaty of Waitangi. The hapu representatives who spoke also...

5. Te Kani - Mangatawa No 9B, No3B, No 2B Block (2020) 201 Waikato Maniapoto MB 168 (201 WMN 168)) [pdf, 359 KB]

   ...varieties of kiwifruit. In 2018, the profit share was $540,472 out of a total income of $588,049. In 2019, it was $512,920 out of a total income of $565,292. [60] This bare analysis does not do justice to the difficult struggle the trustees had to endure and the time and attention, which had to be diverted in addressing the PSA crises. It is not an exaggeration to say that the orchard risked complete failure. Due to their efforts at the end of the lease in 2025 the ownership of th...

6. Responsiveness to Resource Management Issues - a New Zealand perspective a paper by Commissioner K Edmonds [pdf, 244 KB]

   ...the grant of consent, but are an integral part of the consent and the consent process. In reality, the conditions are the continuing narrative of the development. They have greater importance over time as only the conditions of the consent endure and are the basis for future certainty of what has been approved and to be enforced. Organising consent conditions in a structured way is also helpful, such as gathering conditions together, not only by subject but also according to:...

7. Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Ltd [2019] NZHRRT 55 [pdf, 193 KB]

   ...February 2015 undoubtedly caused Ms Gin-Cowan significant humiliation, loss of dignity and injury to her feelings. She had travelled to Auckland expecting to commence her employment at MUMA and instead returned to Kaikohe unemployed. Thereafter she endured financial hardship and considerable stress as the sole provider for her dependent children. [77] The Tribunal accepts the evidence of Ms Gin-Cowan’s sister that what had happened to Ms Gin-Cowan was a severe blow to her and that...

8. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   ...was seven years ago. The mechanisms exist and have been made to work in the Bay of Plenty before. The mechanisms are available in the present case. While that might require difficult negotiations and considerations, that should result in a more enduring solution through stakeholder engagement. 58. The Crown also supports the use of the MP A framework, as outlined in the evidence of Joanne Noble at paragraph [156], to assist with a regional assessment of providing marine protected...

9. [2022] NZACC 96 – McGregor v ACC (19 May 2022) [pdf, 395 KB]

   ...classification. While it may be the practice in the workplace to give these job types other descriptions, it is bordering on the absurd to say that the job types do not exist. The role of a clerk with or without further descriptive labelling is an enduring one. [96] In relation to the Receptionist work type, Mr Macann and Ms Young challenged the relevance of the appellant’s skills. They say she has no experience as such. However, experience in a particular work type is not a...

10. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

    ...injury. General cognitive abilities were in the average range, but some specific issues were identified. He also noted symptoms of a mood disorder. [13] The Corporation accepted there had been a degree of brain injury. Professor Macleod identified enduring cognitive deficits which were typical of hypoxia. [14] In 2014, Professor Macleod recorded Mr Haugh suffering from migrainous headaches and ongoing issues with fatigue. He recommended an MRI scan to identify the cause of headaches...