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1. Manning - Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 215) [pdf, 204 KB]

   ...land can be managed or utilised more effectively as general land. 2011 Maori Appellate Court MB 226 Counsel’s Submissions [55] Mr Peters presented detailed submissions to the lower Court on the application for change of status. These form part of the appeal record. In this Court he relied upon and spoke to those same submissions. [56] He pointed out that there was compliance with ss 136(1)(a), (b), (c) and (e) and that the Court need only be satisfied in respect of (1)(...

2. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...partition his interests into a 2000m² section. He wishes to build a house on the land for himself and his family and says that he needs a separate title in order to obtain mortgage finance. [3] The owners of the land have met and support Mr Heta’s request for partition but have stipulated that “...a clause is made to never allow the land to be sold out of the family.” [4] Two issues arise. First, is partition appropriate? Second, how can the owners’ prohibition against s...

3. Transcript of speeches KG Smith [doc, 91 KB]

   ...family. Your Honour, the New Zealand Council of Trade Unions is supportive of your appointment which is a notable event in the long and important history of this Court. This Court, as it exists today, traces its origins through various institutional forms from the Court of Arbitration, first established under the Industrial Conciliation and Arbitration Act in 1894. This Court, sir, to which you have been appointed, has a history which is deeply interwoven with New Zealand’s own history and...

4. Sadaraka - Estate of Wiremu Te Hira Jack Kino [2016] Chief Judge's MB 880 (2016 CJ 880) [pdf, 386 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [13] The applicant has requested that the Chief Judge amend the order that is the subject of this application. In terms of Tau v Nga Whānau O Morven & Glenavy – Waihao 903 Section IX block1 and Ashwell – Rawinia or Lavinia Ashwell (nee Russell)2...

5. LCRO 116/2015 QO v Standards Committee (14 June 2018) [pdf, 208 KB]

   ...applied for a review of a decision by the [Area] Standards Committee (the Committee). [2] The Committee found that Ms QO had failed to administer her practice in a manner that ensured she adhered to the duty she owed to her clients to protect information that was confidential to them. The Committee determined there had been unsatisfactory conduct on Ms QO’s part pursuant to the statutory definitions in s 12(a) and (c) of the Lawyers and Conveyancers Act 2006 (the Act). The Com...

6. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...open at 10:00 am. Sales staff are not paid for their time attending these meetings. They are paid from when the stores open. [6] Smiths City’s National Sales Manager, Bryce Jenkins, described the purpose of these meetings as being to give information to sales staff to allow them to be more effective in making sales. The meetings are usually conducted by store managers and discuss store-related business. It is normal to discuss sales targets, monthly promotions, upcoming late n...

7. [2018] NZEnvC 061 Friends of Nelson Haven and Tasman Bay Inc & Treble Tree Holdings Ltd v Marlborough District Council [pdf, 5.2 MB]

   ...all three Sites are properly classed as controlled activities, consents would have had to have been granted given s104A of the Resource Management Act 1991 ('RMA')4 However, the determination that the commissioner reached on lapsing informed his finding that all three Sites were to be assessed according to the most restrictive activity class (non-complying, for the Middle and Southern Sites), according to 4 S104A RMA qualifies that somewhat, namely with the proviso 'unl...

8. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...subsection (1), the court shall seek to achieve the following further objectives: (a) to ascertain and give effect to the wishes of the owners of any land to which the proceedings relate: (b) to provide a means whereby the owners may be kept informed of any proposals relating to any land, and a forum in which the owners might discuss any such proposal: (c) to determine or facilitate the settlement of disputes and other matters among the owners of any land: http://www.legisl...

9. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...subject of an investigation in his personal capacity and second, as to the matters the subject of the inconclusive 11 exchange at the teleconference on 9 June 2017. It is possible the issue will be resolved by the provision of the information requested by Mr Cooper. [54] If there was an investigation into Mr Burnett (in his private capacity) but discontinued, the jurisdiction objection will fall away as it will be without substance. In our view it is for the parties (or one of t...

10. Federated Farmers of New Zealand.pdf [pdf, 582 KB]

    ...provided for, it will detrimentally affect the overall reduction in nitrogen loading and the ability to give effect to Te Ture Whaimana. (c) The Panel is picking winners; (d) The rule is also in error. The evidence presented for Horticulture NZ requested approximately 715ha to allow for growth and land lost to urban development. The Panel’s Decision ‘constrained’ expansion to 13 sub- catchments in the lower Waikato and Waipā. However, that area equates to nearly 3,698ha....