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1. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...Waiuku State Forest and which is commonly known to the parties as Maioro. The relative part of the Case Stated recites:- "By agreement the part ies, namely the Claimant and the Respondent, and with the concurrence of the Cross-C laimant, have formulated the following questions for determination by this Honourable Court having regard to the land defined on the plan attached: 1. Which Maori according to customary law principles of "take" and occupation or use, had ri...

2. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...inquiry. Judge Ambler’s widow, Te Tai Ambler, presented the report on behalf of the Tribunal to the deputy chair of the Maniapoto Māori Trust Board, Keith Ikin. The Tribunal issued these first two parts in advance of the full report in response to requests from the Crown and claimants for an early release of its findings on key issues. The title of the report, Te Mana Whatu Ahuru, was adopted from the term which, the Tribunal was told, Ngāti Maniapoto use for the power of ranga...

3. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination. Statutory delegation and hearing in person [63] Mr Hesketh is appointed as a s...

4. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

   ...costs against SHL and the Council in relation to the appeal proceedings and Mr van Brandenburg has applied for costs against SHL in the enforcement proceedings. These matters have a somewhat complicated history which I set out below in summary form. 3 Background [3] Flax Trust is the owner of a property at Birchwood Road in the Wakatipu Basin. The neighbours to the north of the Flax site are Mr and Mrs Meehan whose company SHL owns 86 and 88 Speargrass Road. Flax Tru...

5. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...claimants is adopted. Bonavista is considered to be liable to the extent of 10%. [82] Having considered all the evidence the Tribunal considers the builder is liable to the extent of 5% for Stage 2 X ORDERS SOUGHT [83] Mr Robertson requested orders to be made in respect of only those respondents who have not settled as those parties that have settled have been indemnified by the Council. I have adopted this approach. The Council did not seek a contribution toward...

6. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

   ...Lawyers and Conveyancers Act 2006 (the Act), in that it considered that further action on any of the matters was unnecessary or inappropriate. 2 Facts [3] The relevant facts are set out in the Standards Committee’s decision.1 In short, a former employee of Mr YW’s successfully sued him in the [X] Court. Mr YW judicially reviewed that decision in the Court of Appeal, and that Court dismissed his review.2 Following that Mr YW was interviewed by a reporter from the New Zea...

7. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...who wanted a limitation on liability. However, he considered that he had bound himself to the contract, as he had finance in place. [14] A written agreement for sale and purchase between Peetom and FFT was not signed until 25 June 2013. A “Form 2” “Client consent for licensee to acquire interest in property”,4 pursuant to which the trustees of Peetom consented to Mr Hawkins (as interested party of FFT) acquiring an interest in the property, was annexed to the agreement. T...

8. [2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 349 KB]

   ...excess of their standard hours (subject to safe operating procedures), provided that work is voluntary on days which are otherwise non-rostered days for an individual employee. [2] Can New Zealand Post Ltd (NZ Post) require delivery agents to perform extra hours of work in addition to their standard hours without compensating them for their availability? The answer hinges on s 67E of the Employment Relations Act 2000 (the Act). That provision states: An employee is entitled to...

9. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...would continue to abide by the terms of the settlement agreement, by 4 pm on Thursday 8 March 2018, Turuki would commence action against them without further reference to them or to CultureSafe. [24] No response was received by 8 March 2018 as requested, but, on 15 March 2018, CultureSafe responded to Turuki’s solicitors advising “We are in receipt of your letter dated 06 March 2018 which we fully dispute.” CultureSafe also sent a lengthy email to the Ministers and other Me...

10. D-G Conservation - EiC - N R Dunn - Freshwater Ecology (5 Feb 2021) [pdf, 1.2 MB]

    ...Court’s Practice Note 2014. I have complied with the practice note when preparing my written statement of evidence and will do so when I give oral evidence before the Court. 16. The data, information, facts and assumptions I have considered in forming my opinions are set out in my evidence to follow. The reasons for the opinions expressed are also set out in the evidence to follow. 17. Unless I state otherwise, this evidence is within my sphere of expertise and I have not om...