Search Results

1. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...GRANT KNUCKEY Te Kaiurupare Respondent Nohoanga: Hearing 3 October 2023, 475 Aotea MB 203-283 (Heard at New Plymouth) Kanohi kitea: Appearances Tiana Barker for Applicants Tom Bennion for Respondent Whakataunga: Judgment date 16 November 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ M J DOOGAN Judgment of Judge M J Doogan Copies to: T Barker, McCaw Lewis, PO Box 9348, Hamilton 3240, tiana.barker@mccawlewis.co.nz T Bennion,...

2. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

   ...& STRATTON NEW ZEALAND LIMITED Defendant Hearing: 26-29 July and 10 August 2010 (5 days) (Heard at Auckland) Appearances: Garry Pollak, counsel for the plaintiff Margaret Lewis and Moira Macnabb, counsel for the defendant Judgment: 27 October 2011 JUDGMENT OF JUDGE A A COUCH [1] Mr Gwilt was employed by Briggs & Stratton New Zealand Ltd from June 2004 until he was dismissed in April 2008. The broad issues in this case are whether that dismissal...

3. Warin - Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part) 30 Taitokerau MB 37 (30 TTK 37) [pdf, 250 KB]

   ...Whakaturia 4 Lot 32 DP 126453 (Part) BETWEEN MURRAY & ROBIN WARIN MALCOLM & KATHARINA JENSEN Applicants Hearing: 25 August 2010 15 November 2010 (Heard at Whangarei) Counsel: Mr W W Peters for the Applicants Judgment: 14 November 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [1] The applicants are two non-Māori couples who in 1995 purchased Whangaruru Whakaturia 4 Lot 32 DP 126453 (―Lot 32‖) from the Māori Trustee. The lan...

4. Waitangi Tribunal - Wai 2200 A128 Scoping report [pdf, 3.3 MB]

   ...described themselves and their interests, how rights (and issues of ownership) were defined and the implications and effects of the involvement of Crown officials and other key agents on how the case was presented and ultimately, decided. The court judgements also should be described and assessed. They were controversial at the time and largely rejected by the peoples of the heke whose claims were based to some degree at least in “conquest” and 19 wider regional dominion, and...

5. McKinney v Cassidy [pdf, 259 KB]

   ...opinion on the amount of the reductions. 6.14 The issue of betterment is often raised in building disputes and WHRS adjudications. The arguments from both sides are often finely balanced, and I believe have been excellently outlined in the judgment of Fisher J in J & B Caldwell Ltd v Logan House Retirement Home Ltd [1999] 2 NZLR 99. After covering the authorities, he concluded on page 108: I accept the logic of an approach which makes a deduction for betterment only afte...

6. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

   ...Regulations 1994 Hearing: IN THE MATTER OF Tuahu 3X BETWEEN HIRO HAMILTON Applicant AND 30 April 2008 (Heard at Wairoa) THE TRUSTEES OF EREPETI MARAE Defendant Appearances: Mr B Tupara for the Applicant Mr Harman for the Respondent Judgment: 21 April 2009 RESERVED JUDGMENT OF JUDGE C L FOX Introduction [1] Mr Hiro Hamilton, the applicant in this case is a leader and a rangatira. He is steeped in te reo Maori me ona tikanga, whakapapa, local history, local land blocks...

7. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...Supreme Court’s reliance on the Declaration in construing the scope of Mãori rights to freshwater and geothermal resources in the case between the New Zealand Mãori Council et al and the Attorney General et al SC 98/2012, [2013] NZSC 6, whose judgement was delivered on 27 February 2013. 4. The Committee welcomes the numerous valuable programmes, strategies and other initiatives aimed at improving ethnic relations and raising the awareness of the population with regard to racial...

8. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

   ...dated 4 October 2013 (Heard at Masterton 29 Tākitimu MB 106-121 dated 6 December 2013 (Heard at Masterton) Appearances: Gail Marshall, Ronald Karaitiana for the applicant trustees. Manu Te Whata, Kena Te Whata for the respondents. Judgment: 05 March 2014 PRELIMINARY DETERMINATION OF JUDGE M J DOOGAN 29 Takitimu MB 200 Introduction [1] The Akura 1C3B2 block is vested in the trustees of the Akura Lands Trust...

9. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...which the intending plaintiff had a full opportunity of contesting the decision in the Court by which it was made.” Res Judicata 7. The Court of Appeal addressed the issue of res judicata in Shiels v Blakeley [1986] 2 NZLR 262, Somers J, giving judgment for the Court, said at p.266, line 24: “... that where a final judicial decision has been pronounced by a New Zealand judicial tribunal of competent jurisdiction over the parties to, and the subject matter of, the litigation, an...

10. LCRO 115/2017 BV v RD and KR [pdf, 115 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. [16] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...