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1. [2015] NZEmpC 107 Zespri International Ltd v Yu interlocutory [pdf, 146 KB]

   ...the Authority’s power where that issue is now moot in the Authority. The question may recur in the proceedings currently before the Court but different legislative and evidential requirements may apply to it in this forum. [16] Both parties requested that the Court continue to hear and decide Zespri’s challenge to the Authority’s determination. The orders that I make will cover the evidentiary/privilege/relevance questions in this Court as they would have in the Authority....

2. Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45) [pdf, 188 KB]

   ...back to the Māori Land Court with a direction to arrange reimbursement to Mrs Tarewa for her expenditure on the house or to grant her an order for exclusive occupation of the house for the term of her life or until 2015. Mrs Tarewa subsequently formed a partnership to farm neighbouring land with the applicant before she passed away. Applications [6] On 30 th August 2013, Pekama Tawera applied under s 19 of Te Ture Whenua Māori Act 1993 (“the Act”) for an injunction against...

3. IPT Annual Report 2015 [pdf, 850 KB]

   ...under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of Immigration and the Minister for Courts on the performance of the Tribunal’s functions under the Act in the preceding financial year. The report must include details of the number and nature of the determinations made by the Tribunal in the period to which the report relates. Though t...

4. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

   ...they are best placed to determine whether a young person is mature enough to enter into a de facto relationship. Moreover, we note that a young person who fails to obtain parental consent may apply to be placed under the guardianship of a Court and request that Court to consent to the relationship. 11. Clause 8 of the Bill provides that applicants for a grant of citizenship will need to have, amongst other matters, a sufficient knowledge of the English language. We are of the opinion th...

5. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...the money from Mr D and Mr H – the issue was whether he did so “in his representative capacity.” Mr CS’ response [23] In his response to Mr TL’s review application Mr CS submits that:11 (a) The lawyers acting for him had made several requests to Mr TL to withdraw from acting for Mr D and Mr H. Application had also been made to the Court to disqualify Mr TL. (b) Mr TL “[knew] how [Mr CS] viewed money matters having worked for [Mr CS] and [his company]”, and his “...

6. Deputy Registrar v Te Bach 2007 Ltd - Ohawini D8 (2010) 15 Taitokerau MB 3 (15 TTK 3) [pdf, 171 KB]

   ...referred Mr Gittos to the letter of 10 January 1996. However, once again, no one applied to the Court to determine the status of the land under s 131. Instead, on 13 December 2006 Mr Gittos wrote to the District Land Registrar with the following request: We wish to have the correct status of the land noted on the title by deletion of the Status Order B150822.3 and the deletion of the reference to section 10 of the Māori Affairs Amendment Act 1967. [20] I have not seen any respo...

7. Waitangi Tribunal - issue 66 of Te Manutukutuku [pdf, 7.1 MB]

   ...Act ; and allegations being made against non-Crown entities, such as private organisations, local councils, or individuals. Over the past five years, claimants with unregistered claims have received on average three pieces of correspond- ence requesting the missing informa- tion in order for their claims to be registered. However, it appears that some claimants no longer wish to pursue their claims or their contact details have changed, making it dif- ficult for the Tribunal to colle...

8. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...Crown destined them to poverty and powerlessness in their ancestral home. Ngäti Mutunga claimed that Moriori were not Mäori and therefore not covered by the Treaty of Waitangi Act 1975. Both Ngäti Mutunga and Moriori claimed that the tenure reform under the Native Land Court system was culturally inappropriate and damaging. The Tribunal also heard a considerable number of claims that related to the Crown’s administration of the Chatham Islands. 2 3 4 6 7 8 5 3 Cont in...

9. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...asserts that a retaining wall between 247 and 251 is subject to what the committee described as a “structural issue” which was not visible to the eye of someone inspecting 247, that the licensee knew about this problem and did not disclose the information to the appellant as she ought to have. [6] The committee decided not to take any further action on the complaint1 [7] As to the first part of the complaint, the committee agreed that had the licensee known about the proposed...

10. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

    ...to try and collect the deposit money as quickly as possible. The Tribunal do not consider that it was, or could be, professional misconduct to present a cheque as the agents act for the vendors, not the purchaser. Accordingly, Mr Wallwork’s requests not to present the cheque were contrary to the Licensee’s duty to Mr Spring and Ms Norris. [37] In any event, the contract was not cancelled until some months after this event when a further contract was negotiated at a lower pric...