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1. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...practice particularly, the burden of making discovery is a task that could properly be delegated”, but that it observed that “this case illustrates that delegation is always subject to the need for supervision, the competence of which is a matter of degree by context including the complexity of the subject matter; the number of records; and the knowledge of the participants in that process as to the content of those records and the issues arising in the proceedings”. [4] The...

2. ENV-2016-AKL-000TBA Woolmore Others v Auckland Council [pdf, 1.3 MB]

   Appeal template – section 156(1) or 156(3) LGATPA appeals IN THE ENVIRONMENT COURT ENV-2016-AKL- AT AUCKLAND IN THE MATTER of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under section 156(3) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed...

3. [2018] NZLCDT 9 Auckland Standards Committee 2 v Name Suppressed [pdf, 157 KB]

   ...complaint.2 It gave her formal notice of the information and documents requested from her. [5] The practitioner’s response, in late August, to that was that she had taken legal advice which confirmed her view that “this is not a Law Society matter”. Further, she required proof of the complaint having been made by the family member in question, because she challenged the handwriting. [6] When she was notified that a hearing had been allocated, the practitioner was also give...

4. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...died on 25 September 2000 from heart failure. He was 77 years of age. The deceased married Mere Wawatai (nee Babbington) but in 1975 or thereabouts the couple were legally separated. This became important during the hearing of this application, a matter I will return to. The deceased and Mere had 8 children all of whom have survived the deceased. They are: 1. Phillip Wayne Wawatai 2. Toko Edward Wawatai 3. Bernadine Wawatai (the applicant) 4. Hine Marcia Johnson 5. Mihaka Tupanapana J...

5. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...paragraph [2] comprised the same words as paragraph [2] of the earlier affidavit. We find that Mr Young must have been aware that Mr Z swore on those occasions that he had no command of English. [13] Those affidavits of Mr Z were sworn before a Justice of the Peace who was required to attend for cross-examination on his own affidavit in this matter. Mr Young did not provide that witness for cross-examination, advising in his opening that the witness was “reluctant to come.” C...

6. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...required him to attend a meeting on 16 September. Mr McKean was supported at that meeting and provided a written response to the concerns that had been raised and also a set of submissions prepared by his lawyer. Mr Gibson says that he considered the matters raised by and on Mr McKean’s behalf. This included an argument that Mr McKean could not be held personally liable for the content of the column as he had prepared it in his capacity as a union official. Mr Gibson did not accep...

7. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...landowners in the catchment. For those reasons, the Council also submits that the second limb of the Motor Machinists test is not met. Idem at [58]- [60] . 11 [29] The Council also raises an issue which it describes as being one of natural justice: that because other submissions were rejected for not being "on" the Plan Change but those submitters did not appeal against those decisions, treating this submission as being on the Plan Change and in scope may be unfair t...

8. Mokaraka - Waima C8 (2019) Chief Judge's MB 1137 (2019 CJ 1137) [pdf, 419 KB]

   2019 Chief Judge’s MB 1137 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20170001815 CJ 2017/5 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Pani Mokaraka and a succession order and order determining ownership of a dwelling house on Waima C8 block made at 2 Kaikohe (Succession) MB 32-33 on 31 March 1993 BETWEEN MIHA MAIHI MOKARAKA, ANNE EDITH FORSTER THOMSON, IDA MORGAN, JOHN MOKARAKA, BARNEY PANI MOKARAKA, DAVID RUDOLPH...

9. MFAT report Human Rights in NZ 2010 [pdf, 4.7 MB]

   ...assessment in 2004 and identifies where there has been some deterioration. It pinpoints areas of fragility, persistent and entrenched inequalities, and gaps in human-rights protections. What is clear, as it was in 2004, is that human rights matter. Their realisation is vital to our expectations about life, education, health, work, our personal security, equal opportunity and fair treatment, and to our system of government. They affect the lives of everyone in New Zealand. Res...

10. Larnark v Kirby LCRO 44 / 2010 (1 October 2010) [pdf, 83 KB]

    ...required and this was prepared and filed on 10 November 2008. In addition, the Practitioner formed the view at a later date, that the proceedings should be transferred to the High 2 Court due to the fact that the Applicants‟ claim included matters relating to the Bill of Rights and breaches of the rules of natural justice. [3] The Practitioner‟s instructions were terminated on 19 December 2008. The Complaints [4] The details of the Applicants‟ complaints to the New Ze...