Search Results

1. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

2. Monschau v Bamber - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 286 (2016 APPEAL 286) [pdf, 264 KB]

   2016 Maori Appellate Court MB 286 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIARIKI DISTRICT A20150005958 APPEAL 2015/19 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF TAHORAKURI A NO 1 SECTION 33A2 AHU WHENUA TRUST - an appeal against a reserved judgment at 125 Waiariki MB 260-266 on 13 August 2015 BETWEEN SHANE MONSCHAU AND HARRY TE NGARU Appellants AND BRUCE BAMBER AND KATHLEEN BAMBER Respondents Hearin...

3. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

   ...was just questioning one of the clauses in the will Your Honour. There was no malice or any other intent. After discussions this morning amongst the family I think it is in agreeance that we deal with the succession in the interim. There are matters before the family that are going to need further discussion. The Court: Right. C Wanoa: So yes, we just deal with the succession. The Court: So you have seen the submission prepared for the Court? C Wanoa: I have. The Court: You...

4. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   ...Issues........................................................................................................................ 4 Statutory provision..................................................................................................... 5 How is “the subject matter of the claim” in s 60(5) to be interpreted? ........................ 5 What was the subject matter of Ms Lee’s counterclaim or defence to the various claims in the courts and at arbitration? ..................

5. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...the delay, the explanation for it, and whether the delay is excusable. • The discretion must be exercised judicially in accordance with legal principles governing the exercise of discretions generally. • The overriding consideration is the justice of the case. • It is necessary to take the whole history of the matter into account. • Because rules of the Court have not been observed, there must be some material on which the Court can exercise its discretion as otherwise...

6. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

   ...[14] Nor did I accept that his brain injury or psychological condition were an adequate explanation, given that he had been funded for part of the time by the Corporation to see a psychologist expressly to enable him to deal with legal and medical matters. Furthermore, there was no evidence that his mental condition had materially affected his ability to understand his claim or the process of 4 challenging decisions. It had not prevented him from contesting other decision...

7. Buchanan v Guardian Trustees Kareponia All Saints Anglican Church Trust - Kareponia 1A5D1 (2017) 149 Taitokerau MB 252 (149 TTK 252) [pdf, 210 KB]

   ...injunctions. The principles concerning the grant of an interim injunction are settled. The applicant must show that: 6 (a) There is a serious question to be tried; (b) The balance of convenience is in favour of an injunction; and (c) The overall justice of the case supports the grant of an injunction. Is there a serious question to be tried? [18] In determining whether there is a serious question to be tried, it is necessary to consider the allegations before the Court, the app...

8. EU & SU v KC [2024] NZDT 615 (15 July 2024) [pdf, 128 KB]

   ...(PLA). 4. KC would like the old retaining wall removed and a new retaining wall and fence to be built on the legal boundary. KC would like the Trust to pay for all of this work because it is the Trust’s land that is being retained. KC says the matter should be dealt with in the District Court because the Tribunal does not have jurisdiction to make orders about wrongly placed structures. He has asked for this claim to be transferred to the District Court. 5. After the first heari...

9. Local Government Bill [pdf, 440 KB]

   ...Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. 17. In assessing the substantive “reasonableness” of any power of search or seizure, the Ministry of Justice is of the view that section 5 of the Bill of Rights Act is of limited application. In particular, it would appear difficult to use section 5 to justify a search which has already been assessed as unreasonable in terms of section 21. Ho...

10. OIA-120744.pdf [pdf, 1.6 MB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 7 May 2025 Ref: OIA 120744 Tēnā koe Official Information Act request: Documents listed in reply to Written Parliamentary Question (WPQ) 11636 (2025) Thank you for your email of 26 March 2025, requesting various documents under the Official Information Act 1982 (the Act), listed in response to WPQ 11636 (2025). Specifically, you req...