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1. Katipa v Dobbs - Harataunga 2C1 [2015] Chief Judge's MB 635 (2015 CJ 635) [pdf, 338 KB]

   ...Hamilton on 17 August 2012. 1 Mr Warren argued that there was factual evidence as to Heni Ngaropi’s intention to have a reservation created for Ngā Hapū e Toru in her earlier 1954 application, and further the Court erred in terms of natural justice in not notifying her of R Hovell’s 1962 application. Further, the Court erred in terms of s 439 of the Māori Affairs Act 1953 in creating a definition that would include non-Māori in the class of beneficiaries. Heni Ngaropi’s des...

2. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...agreement was, broadly, that the appellant was not to bring any further proceeding arising out of the settled claim. [23] It is submitted for the Authority that the civil jurisdiction of a Court is separate from that of a Tribunal for disciplinary matters, so that we are not barred from determining a disciplinary appeal. We agree. Jurisdiction [24] We perform a different function to the civil jurisdiction of a Court. The Supreme Court has in Z v Dental Complaints Assessment Commi...

3. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   2013 Chief Judge's MB 48 IN THE MAORI LAND COURT OF NEW ZEALAND TE WAIPOUNAMU DISTRICT Hearing: Judgment: A20090014045 CJ2009/27 UNDER Section 45 ofTe Ture Whenua Maori Act 1993 IN THE MATTER OF Lizzie Turner Tau also known as Elizabeth Timau (Crofts) Tau or Elizabeth Timau Crofts or Irihapeti Tau or Flake Crofts or Elizabeth Crofts SUSSAN MURPHY Applicant 2011 Chief Judge's MB 254-266 dated 28 July 2012 (Heard at Christchurch) 24 January 2013 RESERVED DECI...

4. Family Court rewrite submission: Human Rights Commission [pdf, 734 KB]

   2 Introduction 1. The Human Rights Commission welcomes the opportunity to submit on the consultation paper on “Rewriting the 2014 Family Justice System Reforms”. 2. As described in the background document to this review, the 2014 reforms drew on a range of past reviews which made careful suggestions for family justice system change.1 However, the 2014 reforms were ultimately implemented with a goal of cost saving rather than the sole goal of improving the family law system.2...

5. David Bain appendices tabs A to E [pdf, 1.6 MB]

   ...David's partial recovery of memory might have enabled him to suggest explanations for some of the blood on him but it did not explain other vital items such as the fingerprints, the clothes or the glasses. The Crown said that David confidently denied matters that he could not remember although they had happened. ( 1 1 ) If David heard Laniet make gurgling noises, then she must then have been alive and consequently he had been by her bed when the last shot was fired. Other comments...

6. Family Court Rewrite Submission - ADL [pdf, 253 KB]

   1 Submission to the Independent Panel on the Family Justice System Reforms Auckland Disability Law – 1 March 2019 Introduction Auckland Disability Law (ADL) supports the Independent Panel’s consultation process around rewriting the 2014 Family Justice System Reforms because improvements are needed in this area of family law. ADL is a community law centre (CLC). We are the only CLC in Aotearoa New Zealand which provides legal services and activities solely to Deaf and D...

7. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   NZ PSA V SECRETARY FOR JUSTICE WN 25 February 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 11 WRC 54/09 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN THE NEW ZEALAND PUBLIC SERVICE ASSOCIATION INC Plaintiff AND SECRETARY FOR JUSTICE Defendant Hearing: 11 and 12 February 2010 (Heard at Wellington) Appearances: Peter Cranney and Fleur Fitzsimons, Counsel for Plaintiff A G Sherriff, Counsel for Defendant...

8. Johanson v Williams - Tokaipuritia Williams [2019] Chief Judge's MB 995 (2019 CJ 995) [pdf, 538 KB]

   2019 Chief Judge’s MB 995 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20180008550 CJ 2018/44 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Tokaipuritia Williams – and orders made at 38 Kaikohe MB 257-259 on 1 August 2006, 41 Kaikohe MB 116-121 on 15 May 2007, 60 Taitokerau MB 219-221 on 24 April 2013 and 102 Taitokerau MB 216-222 on 19 March 2015 BETWEEN HANA JOHANSON Applicant AND D...

9. IPT Application Pack 2023 [docx, 37 KB]

   ...name being passed to the New Zealand Law Society as part of the consultation process and I authorise the New Zealand Law Society to provide any information it may consider relevant to this application, including details of any complaints or disciplinary matters, whether or not they are upheld or pending final decision or determination. I authorise the New Zealand Law Society to provide copies of any complaints or disciplinary decisions or determinations against me. I make this solemn declarat...

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

    ...observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide”. As that judgment proceeds to observe, that principle gives effect to the requirement that justice should both be done and be seen to be done, a requirement which reflects the fundamental importance of the principle that the tribunal (in the present case, the Court of Appeal) be independent and impartial. Unless the judicial system i...