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1. Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) [pdf, 402 KB]

   ...MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Land Court of New Zealand Waikato Maniapoto District A20140009834 CJ 2014/26 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Rewi Maniapoto (Manga) THOMAS WHAREKAWA Te Kaitono Applicant Nohoanga: Hearing: 21 June 2021, 2021 Chief Judge’s MB 1041-1059 (Heard at Hamilton) Whakataunga: Judgment:...

2. BORA Manfeild Park Bill [pdf, 195 KB]

   ...facilitate the transferral of Manfeild Park to the Manfeild Park Trust and to make other provision in respect of that Trust. 3. The Bill seeks to achieve this aim by: • providing for the transfer of the land to the Trust; • providing for certain matters relating to or arising from the transfer of the land; and • establishing an electoral college to appoint and remove trustees of the Trust. 4. We have concluded that the Bill appears to achieve overall consistency with the Bill o...

3. 2021-03-16 Beef + Lamb Deer Industry NZ MOC ORC Evidence [pdf, 108 KB]

   ...39085, Christchurch 8053 Contact: Lauren Phillips Tel: 027 279 0117 email: Lauren.Phillips@beeflambnz.com mailto:Lauren.Phillips@beeflambnz.com 2 MAY IT PLEASE THE COURT 1. This memorandum is filed in accordance with the direction of Justice Borthwick, dated 16 March 2021 regarding supplementary evidence from expert witnesses. 2. The direction from the Court requires reasonably urgent reply, and Beef + Lamb New Zealand and Deer Industry New Zealand have not yet had an oppo...

4. BORA Visiting Forces Bill [pdf, 214 KB]

   ...can function in an efficient manner. It also recognises the certainty and portability of the sending State’s service law in the sense that its service personnel, civilian workers, and their dependents are subject to the same set of standards no matter where in the world they are stationed. 36. The corollary is that these standards need not be applied to a person whose presence in New Zealand is independent to that of the visiting force. Such a person has a genuine and ongoing link t...

5. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

   ...RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 25 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 3 May 2022. [2] Prior to the filing of the proceedings the parties resolved all matters in issue and the Tribunal is asked to make a consent declaration. The parties have filed: [2.1] A statement of claim dated 3 May 2022. [2.2] A consent memorandum dated 29 March 2022. [2.3] An Agreed Summary of Facts, a copy of which...

6. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...application on that basis that it is inappropriate in the circumstances of this case to determine liability and cost recovery on a joint and several basis. They submit the relative blameworthiness of the two sets of Respondents, and the interests of justice, necessitate that the whole or at least the lion’s share, of the costs incurred by WDC should be borne by the First, Second and Third Respondents. It is the Fourth, Fifth and Sixth Respondents position that: (a) it was the...

7. [2011] NZEmpC 124 Amien v Reipen and Others interlocutory [pdf, 69 KB]

   ...of the High Court Rules but the relief is discretionary and it is appropriate for the Court to have regard to those principles recognised by the courts in earlier decisions relating to the grant of Mareva injunctions. Thus, in Shaw v Narain, 3 Justice Gault in delivering the judgment of the Court of Appeal emphasised the flexibility of the jurisdiction and noted: There must be a good arguable case that the person seeking the injunction will succeed in a claim against the owner of...

8. SC v RG [2020] NZDT 1560 (4 May 2020) [pdf, 239 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...

9. EG & GE v QD [2021] NZDT 1608 (10 August 2021) [pdf, 194 KB]

   ...are: a. Is there an adequate fence between the two properties? CI0301_CIV_DCDT_Order Page 2 of 4 b. If not, is the work proposed by the applicants needed to achieve an adequate fence and are the costs reasonable? c. Are there any other matters to be considered? Is there an adequate fence between the two properties? 3. I find that there is not an adequate fence between the two properties at present. 4. Section 9 of the FA provides that “the occupiers of adjoining lands...

10. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

    ...daughter) would have been able to collect the computer from the depot. Unfortunately, due to Covid 19 restrictions, this was not possible as the depot was not allowing any public access at the time. Instead, the O Limited service person handling the matter agreed to send the package on to the redirected address. 4. The computer never arrived at the redirected address. O Limited says it has no ability to track or locate the computer, due to the ‘return only’ nature of the contract...