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1. Te Maari v Hamon - Lot 5 Deposited Plan South Auckland 15580 [2021] Maori Appellate Court MB 10 (2021 APPEAL 10) [pdf, 272 KB]

   ...response to the s 40 report, the Trustees provided a letter dated 11 May 1959 that outlined a resolution to amend the 17 April 1958 Order in Council setting aside part of the Pouākani land block as a Māori reservation. This prompted the Court to request further research on any further Orders in Council that may exist. Court staff located three additional Gazette notices that were relevant to the marae issued on 17 April 1958, 13 July 1960 and 27 July 1966. By way of a minute dated 4...

2. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...was a high wind/high exposure zone. In terms of his brief it was incumbent upon Mr Tribe to draw the attention of Mrs Brockie to this design weakness and the likelihood of it increasing the possibility of leaking so that she could make an informed decision. [30] A major area of leaking in this property was at the door thresholds and the deck. The deck had no fall. Mr Tribe was asked if he had used a spirit level to establish there was a fall. He said he did not and he h...

3. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...document that the master bedroom ranch slider was installed in a different position than indicated on the plans. • Failing to carry out inspections with sufficient thoroughness to note the 75% increase in size of the balcony. • Failing to request new drawings and engineering calculations for the increased size of the balcony. • Issuing the final Code of Compliance Certificate although the balcony did not comply with the Building Code. [10] The Hamblyns argue that...

4. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...IPs. [16] Mr RV also referred to Ms CU’s involvement in phoning the IPs to ask whether they would accept a specified pre-auction figure. He says Ms CU “specifically advised Mr IP that KB was absent from the office before proceeding with my requested enquiry”. He does not say whether Ms CU told Mr IP she was asking questions at Mr RV’s direction. Mr RV says he relayed to the purchaser the IPs’ rejection of the figure proposed, says he asked Ms CU to enquire what amount the...

5. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...easily access (the rates information) and receive more information". [31] She explained that the words in brackets in the tables in cl 3.1, underneath the hourly rate for Shift Supervisor – Sole Charge, were drafted by her to meet this request. The words in the collective agreement for 1 April 2015 – 31 March 2017 had been carried over from this previous agreement. [32] Mr Diver’s evidence was that he had been involved in successive collective agreement bargaining betw...

6. BORA Education Pastoral Care Amendment Bill [pdf, 218 KB]

   ...Explanatory note General policy statement [MOE to provide] Departmental disclosure statement The Ministry of Education is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at [PPU to insert URL and link] (if it has been provided for publication). Or [C...

7. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   ...obligations. These include:63 Environmental matters, especially as they may affect Māori access to traditional food resources – mahinga kai – also require consultation with the Māori people concerned. In the contemporary context, resource and other forms of planning, insofar as they may impinge on Māori interests, will often give rise to the need for consultation. The degree of consultation required in any given instance may … vary depending on the extent of consultation nec...

8. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...injury to that land. On that basis, the 2004 injunction application was dismissed. [7] On 1 July 2009, Judge Coxhead heard an application filed by Mr George Sullivan, a trustee of the Tataraakina Trust at the time. Of his own accord, Mr Baker requested his affidavit be added to the application. At its heart, this application was another attempt to stop a proposed aerial operation to drop 1080 over the block, with Mr Sullivan seeking to overturn the Trust’s decision to authorise t...

9. [2020] NZEmpC 110 Cowan v Kidd [pdf, 327 KB]

   ...that he had not worked on a full-time basis and assessed the hours he worked to be approximately half those claimed. The Authority found the appropriate rate that Mr Cowan ought to be paid was the then minimum wage at the time the work was performed. The Authority rejected Mr Cowan’s personal grievance claim for 1 Cowan v Kidd Partnership [2018] NZERA Christchurch 50 (Member Crichton) at [125]. unjustifiable dismissal, bu...

10. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

    ...(b) That the person or persons entitled to obtain a grant of administration of the estate of the deceased person do not intend to seek any such grant; and (c) That there is no reason apparent why the estate of the deceased person should be formally administered; and (d) That the value at the date of death, of the interests in land affected by the application did not exceed $4,000; and (e) Where the deceased person is known to have owned beneficial freehold interests in Maori f