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  1. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

    ...entitled to claim anything outside the narrow parameters set by the “physical repair work”, he says that s.42(1) has no bearing on the matter of jurisdiction. 5.3.11 After the hearing was concluded I was provided with a copy of a judgment by Judge F W M McElrea in the Auckland District Court in Waitakere City Council v Smith (CIV 2004-090-1757, dated 28 January 2005). Counsel alerted me to this case which had been argued before Judge McElrea at the same time as closing sub...

  2. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

    ...entitled to claim anything outside the narrow parameters set by the “physical repair work”, he says that s.42(1) has no bearing on the matter of jurisdiction. 5.3.11 After the hearing was concluded I was provided with a copy of a judgment by Judge F W M McElrea in the Auckland District Court in Waitakere City Council v Smith (CIV 2004-090-1757, dated 28 January 2005). Counsel alerted me to this case which had been argued before Judge McElrea at the same time as closing sub...

  3. Justice Sector prison population forecast May 2010 update [pdf, 355 KB]

    ...in the development of the next forecast. Data Notes Released on conditions is a count of the numbers released on conditions in the given month. The vast majority of cases are for sentences of less than two years, with conditions being set by the judge. A small number of cases are for longer sentences. These are cases where the Parole Board has no discretion to release an offender. The offender must be released by law, and the Board’s only role is to set the conditions of the offende...

  4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

    ...represented a solution to the technical problem of land-locked Maori land or if the aim was to secure the future of Maori tribes by removing some of the obstacles to development they had faced in the past. He asked whether Maori were represented among the judges of the Maori Land Court, as required under the Te Ture Whenua Maori Amendment Act 1993. He noted that the documentation made a distinction between tribal Maori and urban, non-tribal Maori. Yet more and more urban people worldwid...

  5. Waitangi Tribunal - Remaining historical claims direction (22 September 2015) [pdf, 642 KB]

    ...The pace at which the remaining historical claims programme advances will depend on a number of factors. These include the completion of the final inquiries currently under way in the Tribunal's district inquiry programme, the availability of judges and members i • able to serve, c;lnd the resQur'ces availc;lble to the Tribunal and the· parti~s." . - .. . .... 11 71. Updates to the district schedules of the standing panels will be published on the Tribunal's we...

  6. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

    ...caused. When assessing loss the Tribunal should not apply a fixed rule as there is no prima facie rule as to whether diminution of value or the cost to reinstate or restore defects is the most appropriate measure of loss. Each case must be judged on its own mixture of facts both as they affect the claimants and the other parties.3 The Tribunal should also select the measure of damages which is best calculated to fairly compensate the claimants for the harm done while at the sam...

  7. Baigent v ACC [2014] NZACA 10 [pdf, 55 KB]

    ...pricing Mr Miller used, because ACC had subjected Mr Baigent to dreadful hardship by failing to provide the registered nursing care at the time he needed it, to the detriment of his health. Mr Miller relied upon the explanation of Campbell given by Judge Ongley in Chittock v ACC,3 and in particular, his comment at paragraph [14] of the decision where he said “…it is clear from Campbell that the cushioning principle does not operate to reduce the contribution for attendant care be...

  8. Waitangi Tribunal - Memorandum historical claims [pdf, 642 KB]

    ...The pace at which the remaining historical claims programme advances will depend on a number of factors. These include the completion of the final inquiries currently under way in the Tribunal's district inquiry programme, the availability of judges and members i • able to serve, c;lnd the resQur'ces availc;lble to the Tribunal and the· parti~s." . - .. . .... 11 71. Updates to the district schedules of the standing panels will be published on the Tribunal's we...

  9. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

    ...HOLDINGS LIMITED KERIKERI CRUISING CLUB WHANGAREI HARBOUR MARINE MANAGEMENT TRUST WHANGAROA MARINA MANAGEMENT TRUST RIVERSIDE DRIVE MARINA (2015) LIMITED (ENV-217-AKL-137) Applicants NORTHLAND REGIONAL COUNCIL Respondent Environment Judge JA Smith Environment Commissioner ACE Leijnen Thursday 26 April 2018 at Auckland JC Brabant for Far North Holdings Limited& Ors (Far North Holdings) RH Ashton for Northland Regional Council (the Council) 26 April 2018 ORAL D...

  10. Morgan v Accident Compensation Corporation [2018] NZACA 01 [pdf, 197 KB]

    ...the Corporation, Mr Barnett, filed 6 submissions on 23 April 2018. There is an agreed paginated bundle of documents. At the hearing, Ms Newman produced a Corporation memorandum of 30 August 1994 and Mr Barnett handed up the decision of Judge Blair in Re Cameron [1983] 2 NZACR 728. The Authority heard evidence from Ms Morgan at the hearing. She showed the Authority a photograph of her mangled car. An email from Ms Newman on 9 May 2018 made further brief submissions....