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1. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...that the interim order is necessary in the interests of justice to preserve the position of one of the parties pending a final determination of the proceedings. The term “satisfied” does not require that the Chairperson should reach his or her judgment having been satisfied that the underlying facts have been proved to any particular standard. See by analogy Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [26] (Elias CJ) and [96] (Blanchard, Tipping and...

2. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...8 August 2017 (Heard at Hamilton) Court: Judge M P Armstrong (Presiding) Deputy Chief Judge C L Fox Judge L R Harvey Appearances: M Sharp for the Appellant K Feint for the Respondents Judgment: 31 January 2018 JUDGMENT OF THE COURT Copies to: M Sharp, PO Box 5111, Mount Maunganui michael@michaelsharp.co.nz K Feint, PO Box 1530, Wellington Karen.Feint@chambers.co.nz mai...

3. [2021] NZACC 76 - Herbst v ACC (20 May 2021) [pdf, 220 KB]

   ...HERBST Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20-21 April 2021 Heard at: Auckland/Tāmaki Makaurau Appearances: The appellant in person Ms F Becroft and Mr L Mailand for the respondent Judgment: 20 May 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Unreasonable delay in providing rehabilitation; Reimbursement of appellant’s costs; ACC declining trea...

4. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...dated 3-5 March 2010 7 Waiariki MB 231-337 dated 20-21 April 2010 Appearances: H Aikman QC, H Fagan and N Van der Wal for the Applicants D Hurd and D Dowthwaite for the First Respondents N Ingram QC and C La Hatte for the Second Respondent Judgment: 10 September 2010 RESERVED JUDGMENT OF JUDGE L R HARVEY Solicitors: Woodward Law, Wellington for the Applicants Dowthwaite & Co, Rotorua for the First Respondents Mike Garnham, Auckland for the Second Respond...

5. Waitangi Tribunal theme A - Old land claims [pdf, 7.2 MB]

   . i I RANGAHAUA WHANUI NATIONAL THEME A OLD LAND CLAIMS D MOORE, B RIGBY, M RUSSELL JULY 1997 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I) R Daamen, P Hamer, and Dr B Rigby; (pt n) M Belgrave District 5B: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh

6. Lee v Couch - Rāpaki Marae 875 Sec 19 and others (2012) 12 Te Waipounamu MB 139 (12 TWP 139) [pdf, 209 KB]

   ...Te Waipounamu MB 197-232, dated 8 April 2012 12 Te Waipounamu MB 112-136, dated 4 April 2012 (Heard at Christchurch) Appearances: Kopa Lee, Te Whe Phillips, Tutehounuku Korako, Donald Couch, Rewi Couch, and Herana Stone all in person Judgment: 30 April 2012 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Rāpaki Marae sits at the centre of the Ngāti Wheke community at Whakarāupo, (Lyttleton Harbour), Banks Peninsula, Christchurch along with a Rūnanga esta...

7. ASC - 2012 annual report [pdf, 1.2 MB]

   ...  of   a   significant   year   for   the   Abortion   Supervisory   Committee  (the  Committee).    As  the  reporting  year  closed  the  Supreme  Court  delivered  its   final   judgment   in   the   Right   to   Life   v   Abortion   Supervisory   Committee   case,   dismissing     Right  to  Life’s  appeal.    See  the  section  ‘Supreme  Court  Pr...

8. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...workplace environment, where he was supervising and mentoring Ms A who was new to the real estate industry, and continued over a period of five months. He further submitted that the defendant’s conduct demonstrated a highly concerning lack of judgement and insight about inter-personal relationships in a professional environment and of the impact of his behaviour on others. [17] Mr Hodge submitted that a penalty which imposed a fine, with no other penalty, would be insufficient...

9. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...safety risk to their daughter and Frances was granted day to day care of their daughter, with her ex- partner having 5 nights contact per fortnight. Frances stated the protection order would most likely not have been granted if the request had gone through the standard on notice track. In the domestic violence judgement, the judge found that Frances’s partner had misled the court in his evidence about the assault and had also not disclosed his criminal convictions. Despite this, there was...

10. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

    ...justice to remedy the mistake or omission. [13] The principles that are applied to s 45 decisions have been previously set out in numerous decisions made by the Chief Judge and myself. These are to be found in the 2019 Chief Judge’s MB 1174 judgments Ashwell - Rawinia or Lavinia Ashwell (nee Russell)8 and in Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block.9 I do not propose to repeat those principles again in this judgment. [14] However, for the benefi...