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1. Manning - Succession to Ruera Irikapua [2025] Chief Judge's MB 654 (2025 CJ 654) [pdf, 286 KB]

   ...Irikapua’s interest in Wairewa No 887 Block III Section XIII erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court? (c) Is it necessary in the interests of justice to remedy the error? Kōrerorero Discussion Jurisdiction [8] The first issue, before this matter can progress, is to determine whether the Chief Judge has the jurisdiction to overturn a decision of the Native Appella...

2. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

   Department of Corrections v New Plymouth District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 273 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN ARA POUTAMA AOTEAROA – DEPARTMENT OF CORRECTIONS (ENV-2023-AKL-000085) Appellant AND NEW PLYMOUTH DISTRICT COUNCIL Respondent AND KĀINGA ORA - HOMES AND COMMUNITIES Section 274 p...

3. Karauti – Succession to George or Hori Kiwa Tukuai (2000) 116 Otorohanga MB 81 (116 OT 81) [pdf, 777 KB]

   Otorohanga Minute Book Volume 14 6 Folio 81 In the Maori Land Court of New Zealand Waikato Maniapoto District Files: 60190, A19990006386 IN THE MATTER of an application by Te Kahuhui David Karauti to succeed to George or Hori Kiwa Tukua under Section 118 of Te Ture Whenua Maori Act 1993 Appearances: Miss T V Clark of Garth O'Brien & Associates, Solicitors, P 0 Box 79, Te Awamutu, for the applicant Mr D B 03Shea, Usheas, P 0 Box 460, Hamilton, for the Tukua family T...

4. [2013] NZEmpC 25 Gini v Literacy Training Ltd [pdf, 110 KB]

   GINI V LITERACY TRAINING LIMITED NZEmpC WN [2013] NZEmpC 25 [7 March 2013] IN THE EMPLOYMENT COURT WELLINGTON [2013] NZEmpC 25 WRC 37/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JENNIFER GINI Plaintiff AND LITERACY TRAINING LIMITED Defendant Hearing: (On the papers by submissions dated 3, 22 and 23 February 2013 and 2 March 2013) Counsel: Patrick O'Sullivan, advocate for the plaintiff...

5. Cannabis Legalisation and Control Bill Exposure Draft for Referendum [pdf, 2.2 MB]

   ...designed to support the devel- opment and delivery of appropriate services and programmes. The Authority will be supported by a Cannabis Advisory Committee, comprising individuals with knowledge in a range of relevant areas including from the health, justice, and social sectors and from young people, iwi, and Māori. The Committee will provide an independent stream of advice to the Authority on key elements of the regime. What does the regime permit individuals to do? The Bill permits the poss...

6. Hooker Family Trust v R & B Plastering Limited [2011] NZWHT Auckland 41 [pdf, 80 KB]

   ...roof, which Mr Schnauer argued was betterment. Mr Schnauer also argued that as Mr and Mrs Hooker were trustees, some of the consequential losses claimed, in particular for rental accommodation, should not be compensated for. I return to those matters later in the determination. What were the defects and damage? [10] Mr Alvey, who is an experienced building surveyor, gave evidence about the defects and damage they had caused. Mr Alvey stated that there were two principal o...

7. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...do not cause a nuisance or serious offence to ordinary members of the public using the specified area, or because the activities or behaviour are incompatible with the existing character of the area. 26. Whether the defence turns on a particular matter that is peculiarly within the knowledge of the defendant is also a relevant consideration. [11] In such cases, it may be more appropriate for the defendant to explain why he or she took (or failed to take) a particular course of action in...

8. CL v SC LCRO 218/2015 (6 April 2016) [pdf, 44 KB]

   ...the need for Review Officers to decide cases before them, properly. Mr NH emphasises the seriousness of disciplinary matters for practitioners, and cautions the LCRO that procedure should be the “handmaiden not the mistress” of substantive justice.4 [37] I do not agree that the LCRO should confer to itself a degree of discretion in determining issues of jurisdiction, nor that the general powers accorded to a LCRO to carry out his or her functions under the Act, provide an author...

9. BORA Waka Umanga (Māori Corporations) Bill [pdf, 328 KB]

   ...easily justifiable for regulatory offences. Those who choose to enter into a regulated environment should be expected to meet certain standards of care.[4] 28. Strict liability offences can also be justified where the offence turns on a particular matter that is peculiarly within the knowledge of the defendant. In such cases, it is easier for the defendant to explain why he or she took (or failed to take) a particular course of action than it is for the Crown to prove the opposite. In th...

10. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

    ...to protect and promote the personal rights of persons who are not fully able to manage their own affairs) contains a presumption that every person has capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, until the contrary is established.14 27. In addition, the Code of Health and Disability Services Consumers’ Rights15 states that consumers “must be presumed competent to make an...