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1. Maruera v Te Ohu Kaimoana Trustee Ltd - Ngāti Maru (Taranaki) Fisheries Trust (2015) 335 Aotea MB 47 (335 AOT 47) [pdf, 271 KB]

   ...concerning the test for apparent bias. After some semantic differences, the test in the United Kingdom and the test in Australia have become essentially the same. In Muir v Commissioner of Inland Revenue, the Court of Appeal brought New Zealand law into line. In the Australian case of Ebner v Official Trustee in Bankruptcy the leading judgment was given by Gleeson CJ and McHugh, Gummow and Hayne JJ. They stated the governing principle that, subject to qualifications relating to waiv...

2. Pure - Ahipara 1B2B - (2013) 69 Taitokerau MB 109 (69 TTK 109) [pdf, 117 KB]

   ...UNDER Section 289, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Ahipara 1B2B BETWEEN Jonnie Pure Applicant Hearing: 22 January 2013 13 July 2013 (Heard at Kaitaia) Appearances: Ms K Taurau for Annie Lidgard Judgment: 28 November 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 69 Taitokerau MB 110 Introduction [1] This judgment addresses an application by Mrs Jonnie Pure to partition Ahipara...

3. CE v FG LCRO 346/2013 (27 August 2015) [pdf, 55 KB]

   ...psychogeriatrician.3 The complaints The application to the court had not proceeded at the time the Standards Committee made its determination but had been completed by the time of this review and I have been provided with a copy of Judge X’s judgment dated 17 April 2014. [14] The Standards Committee recorded the complaints as being that Mr FG:4 • failed adequately to explain to the CE’s the effect of an EPA and failed to ensure that the documents were executed and witnessed...

4. [2022] NZEmpC 42 TPT Forests Ltd v Penfold [pdf, 219 KB]

   ...17 November 2021 (Heard at Auckland, via VMR) Appearances: P Skelton QC and S Rankin, counsel for applicants S Foote QC and T Refoy-Butler, counsel for first respondent S Langton and R L White, counsel for second respondent Judgment: 11 March 2022 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE J C HOLDEN (Application for consequential orders) [1] In November 2020, the Court granted a search order to allow TPT Forests Ltd, the first applicant, to sea...

5. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...Plaintiff AND THE ATTORNEY-GENERAL IN RESPECT OF THE CEO OF THE CHILDREN & YOUNG PERSONS SERVICE Defendant Hearing: 7 August 2006 (Heard at Auckland) Appearances: R Hooker, counsel for plaintiff S Dyhrberg, counsel for defendant Judgment: 16 November 2006 JUDGMENT OF JUDGE B S TRAVIS [1] In my judgment of 21 December 2004, ([2004] 2 ERNZ 554, “the substantive judgment”) I found the defendant had breached its contractual duty of care to avoid reaso...

6. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...Christchurch) 20 August 2012, 14 Te Waipounamu MB 156-259 (Heard at Invercargill) Counsel: Ms Bernadette Arapere, counsel for the applicant Ms Brigit O'Malley, counsel for the respondents Ms Desiree Mahy, counsel for the additional parties Judgment: 27 March 2013 RESERVED JUDGMENT OF JUDGE S F REEVES Copies to: Wackrow Williams & Davies, PO Box 461, Shortland Street, Auckland Attention: Ms Bernadette Arapere E-mail: bernadette@wwandd.co.nz AWS Legal, PO...

7. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...plaintiff P Muir and R Rendle, counsel for the defendant G Pollak and A McInally, counsel for the New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc P Cranney, counsel for the New Zealand Council of Trade Unions Judgment: 1 February 2016 JUDGMENT OF THE FULL COURT Introduction [1] The principal issue in this case is whether a particular provision in a collective employment agreement (the collective agreement) between The Northern...

8. Waitangi Tribunal - The Whanganui district [pdf, 1.6 MB]

   ...purchase acceptable to Maori. As Clarke pointed out to the chiefs of Putiki, ‘If this was a new purchase, or an attempt to make a new purchase you perhaps might object, but it is only making straight a former purchase’.34 Spain’s final judgment was that the New Zealand Company should be awarded 40,000 acres of land and Maori £1000, in addition to the initial payment of £700 of trade goods – a sum that Tonk believes must have seemed ‘shamefully small and insignificant�...

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

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [27] More recently, the High Court has described a review by this Office in the following way:14 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...

10. LCRO 216/2020 YH v DP (29 July 2021) [pdf, 176 KB]

    ...reach of its assessment to at least September 2017, being two years before Ms YH lodged her complaint. 3 See the table prepared by the Committee at [13]. 4 Standards Committee decision at [10], in which the Committee referred to the well-known judgment of the Court of Appeal in: Cortez Investments Ltd v Olphert and Collins [1984] 2 NZLR 434 (CA) at 441. 6 [29] Review Officers have routinely held, as have Standards Committees, that “special circumstances” exist to go beyond...