Search Results

1. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...view 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. [88] More recently, the High Court has described a review by this Office in the following way:13 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee dete...

2. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

   ...TRUSTEES Plaintiff AND SHANE WEST Defendant Hearing: 7 June 2022 (heard via Virtual Meeting Room) Appearances: S Mitchell and J Lynch, counsel for plaintiff K Crossland and T Sung, counsel for defendant Judgment: 28 June 2022 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL (Application for stay of proceedings) Introduction [1] Kowhai Intermediate School Board of Trustees (the Board) seeks an order for stay of orders ma...

3. Trustees of Maungatautari 4G Sec IV v Maungatautai Ecological Island Trust - Maungatautari No 4G Sec IV (2014) 90 Waikato Maniapoto MB 291 (90 WMN 291) [pdf, 183 KB]

   ...Telephone Conference 21 November 2014 (90 Waikato Maniapoto MB 2-7) Telephone Conference (Heard at Hamilton) Appearances: Mr G O'Brien for the Applicant Ms A Twaddle for the First Respondent Mr P Lang for the Second Respondent Judgment: 16 December 2014 RESERVED JUDGMENT (NO 2) OF JUDGE S R CLARK Copies to: Mr G O’Brien, Garth O’Brien & Associates, Barristers & Solicitors, DX GA29016, Te Awamutu, garth@obrien.co.nz Ms A Twaddl...

4. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Respondent Hearing: 310 Aotea MB 223 dated 11 October 2013 (Heard at New Plymouth) Appearances: Mr H Manuirirangi in person Mr D Tuuta in person Judgment: 29 November 2013 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Hori Manuirirangi on behalf of the Ngāti Tu Hapū Whenua Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Pari...

5. Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) [pdf, 295 KB]

   ...Whenua Māori Act 1993 IN THE MATTER OF Manaia No 6 Block BETWEEN SYBIL MIKAERE AND WILLIAM RICKIT Applicants AND BRITSON (BUDDY) MIKAERE AS TRUSTEE OF THE TAOKI TRUST Respondent Hearing: On the papers Judgment: 31 May 2018 JUDGMENT OF JUDGE S TE A MILROY 162 Waikato Maniapoto MB 169 Introduction [1] An application for a rehearing was filed by Sybil Mikaere and William Rickit on 18...

6. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   139 Waiariki MB 176 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Tairongo Amoamo died on 8 July 2015. He left a will dated 14 February 2003. No grant of probate has been sought. By his will the deceased devised his entire estate to his wife on the condition that she survived him. She did. However, Mrs Delamere-Amoamo is unable to take an absolute interest in her late husband’s Māori land as she is not a member of the preferred class of alienees. [2] A...

7. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...BETWEEN BARRY JUDKINS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 2 December 2020 Held at: Auckland/Tāmaki Makaurau Appearances: J Robinson for the appellant F Becroft for the respondent Judgment: 5 January 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Decline of cover for a spinal injury as a work-related gradual process injury, and s 30(2), Accident Compensation Act 2001] Introduction [1] This is an appeal from the...

8. Williams v Pukahukiwi Kaokaoroa 2 Inc - Pukahukiwi Kaokaoroa 2 Inc (2023) 295 Waiariki MB 97 (295 WAR 97) [pdf, 264 KB]

   ...KAOKAOROA 2 INCORPORATED Te Kaiurupare Respondent Nohoanga: Hearing 1 February 2023, 289 Waiariki MB 218-233 (Heard at Rotorua) Kanohi kitea: Appearances S Williams in person C Bidois for Respondent Whakataunga: Judgment date 1 June 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ C T COXHEAD Judgment of Judge C T Coxhead Copies to: Curtis Bidois, Morrison Kent, PO Box 1742, Rotorua 3040, curtis.bidois@morrisonkent.com...

9. Ministry of Justice Annual Report 2023/24 [pdf, 5.6 MB]

   Ministry of Justice Annual Report Including the Annual Report for Te Arawhiti, The Office for Ma-ori Crown Relations And Ministers’ reports on Non-Departmental Appropriations: Minister of Justice (Vote Justice), Minister for Courts (Vote Courts), Minister for Treaty of Waitangi Negotiations and Minister for Māori Crown Relations: Te Arawhiti (Vote Te Arawhiti) 2023/24 E.64, B14 AR (2024) In accordance with the Public Finance Act 1989, this annual report presents: Ministry of Justic

10. Carter v Tulip Holdings Ltd [pdf, 180 KB]

    ...[1992] 1 NZLR 178. The duty of an architect in tort is founded in the principles derived from the decision in Hedley Byrne & Co v Heller & Partners Limited [1964] AC 465, namely that in circumstances where a person is called upon to exercise judgment or skill or to make careful enquiry and he or she knows that another person will place reliance upon it, a duty of care will arise where he or she gives such information or advice or allows that information or advice to be pas...