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1. BORA The Attorney-General's Reporting Function under Section 7 of the New Zealand Bill of Rights Act [pdf, 315 KB]

   ...instance, the House of Lords has recently issued a series of judgments clarifying the types of arguments that can be used to justify discriminatory policies, and types of policies to which the Courts should apply a degree of deference to Parliament. These judgements have guided our thinking on where the boundaries of justification lie in relation to discriminatory policies. Post-Introduction BORA issues 21. The present process focuses on BORA issues raised by the introduction version of...

2. Kake - Estate of Kiriwai Ihaia (2007) 118 Whangarei MB 256 (118 WH 256) [pdf, 1.7 MB]

   IN THE MAORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT Hearing: Judgment: Introduction A20060011286 118 Whangarei MB 256-263 UNDER Sections 113, 115 and 118, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Kiriwai Ihaia (Ruka) or Kiriwai Tai Hikuwai 16 October 2006 (Heard at Whangarei) 8 October 2007 MONICAKAKE Applicant RESERVED JUDGMENT OF JUDGE D J AMBLER [1] This is an application by Monica Kake to succeed to the Maori land interests of Kiriwai Ihaia, her l...

3. Myhre - Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) [pdf, 340 KB]

   ...1993 IN THE MATTER OF Ngapaeruru No 1B No 2C No 2 Block BETWEEN JACOB MYHRE FOR THE MĀORI TRUSTEE Applicant Hearings: 2 May 2018, 68 Tākitimu MB 45-46 6 September 2017, 63 Tākitimu MB 28-31 (Heard at Hastings) Judgment: 8 February 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Māori Trustee seeks the appointment of Abie Eriha and Morehu Smith to replace two advisory trustees who have passed away. Catherine Clarkson opposes the ap...

4. Moses-Heeney - Estate of Eric Moses (2018) 201 Waiariki MB 122 (201 WAR 122) [pdf, 282 KB]

   ...Act 1993 IN THE MATTER OF Succession to Eric Eria Moses also known as Eric Mohi or Eria Mohi BETWEEN DONNA MOSES-HEENEY Applicant Hearing: 11 June 2018, 190 Waiariki MB 23-40 (Heard at Whakatane) Judgment: 14 November 2018 JUDGMENT OF JUDGE C T COXHEAD 201 Waiariki MB 123 Tēnā koutou i ō tātou aituā maha e ngapu nei te whenua i tō rātou hinganga. Hēoi anō, e tāea te aha atu i te tangi, i te mauma...

5. O Ltd v CD & Ors [2024] NZDT 854 (18 October 2024) [pdf, 279 KB]

   ...judgment, but their every point which properly belonged to the subject of the litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time. 18. That principle has been applied and refined in numerous judgments of the Courts in the United Kingdom and in New Zealand. Some relevant examples are set out below. 19. In Hamed Abdul Khaliq Al Ghamdi Co v New Zealand Dairy Board2 the Court of Appeal commented: A party cannot bring a case re...

6. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...OIL NEW ZEALAND LIMITED Defendant Hearing: (in response to memoranda dated 15 July and 10, 15, 23 August 2011) Counsel: Mr Tim Jackson, advocate for the plaintiff Ms Samantha Turner and Mr Simon Clarke, counsel for the defendant Judgment: 30 August 2011 COSTS JUDGMENT OF JUDGE A D FORD The issues [1] In a judgment dated 23 June 2011, 1 I upheld the plaintiff’s challenge to a determination of the Employment Relations Authority (the Authority) and conclude...

7. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...DORBU Respondent Hearing: 24 April 2009 Appearances: Mr Keyte QC for the Appellant Mr Pidgeon QC for the Respondent Chair: Judge D F Clarkson Members of Tribunal: Ms C Rowe Ms S Sage Mr W Smith Mr O Vaughan Judgment: 18 May 2009 DECISION IN RELATION TO APPLICATION FOR DISMISSAL OR STAY OF PROCEEDINGS INTRODUCTION [1] This preliminary hearing concerned an application brought by the practitioner to strike out or stay the...

8. Fleet v Kennedy - Succession to Carol Ngawhira Tanui Fleet [2020] Māori Appellate Court MB 46 (2020 APPEAL 46) [pdf, 152 KB]

   ...4-26 (Heard at North Shore, Auckland) Kooti: Court Judge D H Stone (Presiding) Chief Judge W W Isaac Judge P J Savage Kanohi kitea: Appearances C Hockly, for the Appellant P Majurey, for the Respondent Whakataunga: Judgment date 28 February 2020 TE WHAKATAUNGA Ā TE KOOTI Reserved Judgment of the Court Copies to: C Hockly, Hockly Legal, PO Box 59211, Auckland 2151, cameron@hockly.co.nz P Majurey, Atkins Holm Majurey Law,...

9. Moko Sayviah RANGITOHERIRI (CSU-2015-ROT-000302) [pdf, 2 MB]

   THIS FINDING IS SUBJECT TO PROHIBITIONS AND RESTRICTIONS ON PUBLICATION UNDER S74 OF THE CORONERS ACT 2006 IN THE CORONER'S COURT HELD AT ROTORUA Before: Date of Hearing: Appearances: Date of Findings: CSU-2015-ROT -000302 IN THE MATTER of the Coroners Act 2006 AND IN THE MATTER of an Inquest into the death of: MOKO SAYVIAH RANGITOHERIRI Coroner Wallace Bain 30th and 3 pt August and 3rd October 2017 D Dowthwaite - Counsel Assisting J Munro for Karauna Rangitohe

10. E7 Graeme McIndoe - Urban Design - EIC - Applicant [pdf, 2 MB]

    ...necessitated given the role which this document, now reframed as requirements as distinct from guidelines, is to play. The quantified maxima and minima within the Design Requirements were determined with reference to collective professional judgement and calibrated against the Moller Architects Designs, with departure from those wherever considered possible to provide flexibility. For example: a) The volumetric extent projections beyond the footprint on Base B as described on...