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1. Waitangi Tribunal - issue 58 of Te Manutukutuku [pdf, 675 KB]

   ...within the Port Nicholson district for a few goods and the promise of reserving one-tenth of the land for Mäori forever. When settlers arrived, they were at first wel- comed and the land shared. After the signing of the Treaty, the Crown had to investigate whether the Port Nicholson purchase was valid, and if so, to grant a legal title to the Company. The government appointed an English lawyer, William Spain, to in- vestigate the claim, but ignored his find- ings and changed his...

2. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...are reasons why rent was withheld. 55 Tākitimu MB 153 [21] Counsel submits that Mr Karena believes that a number of concerns he has raised will not be dealt with by way of Waitangi Tribunal hearings as the issues are between the owners and private citizens rather than the Crown. [22] Mr Calver argues that the trustees’ lack of action demonstrates that they are either not prepared or lack the competence to address the significant concerns identified by Mr Karena. He says th...

3. Te Hokowhitu v Proprietors of Matauri X - Matauri X [2010] 2010 Maori Appellate Court MB 566 (2010 APPEAL 566) [pdf, 116 KB]

   ...The Incorporation determines who has the right to occupy the land and permission must be sought from them to do so. It was common ground that Mr Hokowhitu did not seek formal permission and had no lawful authority to enter and occupy the land. A private conversation with the Secretary of the Incorporation cannot be the basis for asserting a legal entitlement to enter and occupy the land. [33] In terms of the injunction this Court finds that despite the ambiguity created by the la...

4. 2021-04-12 - TAs - MOC re witness substitution + case [pdf, 550 KB]

   ...called at Council level had since left the employ of the Council and the planner now responsible was called in his stead. In respect of landscape witnesses the witness called before Council is no longer responsible for the assessment of tree value upon private land and the person who now has responsibility for that work was called. The Council furthermore obtained a further report from a landscape architect which evidence was not given to Council at first instance. It must be borne in mind that...

5. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   ...increased proportion of Commercial zoned sites near rivers as a permitted activity might have some minimal positive effects on employment numbers. Certainty and sufficiency of information: The proposal has been subject to an appropriate level of investigation as to the effects of the amended provisions, and there are no material gaps in the knowledge base that give rise to any need for a risk assessment. Effectiveness: The proposed amendment is the most effective way to maximise...

6. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...Table 1) led to experts and lawyers driving the process at the expense of homeowners and insurers. To offset this the Tribunal has actively developed inquisitorial processes which allow the Tribunal member to be proactive in the management and investigation of applications and to lead the testing of evidence during hearings. Close case management means the assigned member is familiar with the issues. The Tribunal’s revised practice-notes and guidelines issued in 2022 appear to be wo...

7. Duty Lawyer Operational Policy for CPIP 2024 [pdf, 363 KB]

   ...received agreement to attend to those other commitments by the PDS duty lawyer supervisor, they should notify the PDS duty lawyer supervisor of all the time spent on those other commitments and ensure that the time is recorded as a deduction under the “Private work/Lunch” column of the Duty Lawyer Attendance and Invoice form. 45. Rostered and replacement duty lawyers must: • ensure the Duty Lawyer Attendance and Invoice form is completed and that the PDS duty lawyer supervisor...

8. U Ltd v M Ltd [2025] NZDT 63 (13 February 2025) [pdf, 250 KB]

   ...do file an appeal at the same time, the rehearing application will be heard first. Grounds for Appeal There are very limited grounds for appealing a decision 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 procee...

9. [2015] NZEmpC 24 Lowe v Director-General of Health, Ministry of Health & Ors [pdf, 194 KB]

   ...Guidelines would be available on request from the Ministry. b) If the details on the form are incomplete, additional information can be requested. c) Where a potentially false claim is identified, the Ministry can delegate audit agents to investigate. d) Audit agents can also carry out random audit checks and investigate claims or complaints. e) False claiming could result in legal action to recover funds as well as criminal prosecution. f) The completed claim f...

10. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

    SEFO V SEALORD SHELLFISH LTD CHCH CC 4A/08 17 April 2008 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 4A/08 CRC 32/07 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TERESA SEFO Plaintiff AND SEALORD SHELLFISH LTD Defendant Hearing: 31 March and 1 and 2 April 2008 (Heard at Nelson) Appearances: Peter Cranney, Counsel for Plaintiff A E Scott-Howman and M J McGoldrick, Counsel for Defendant Judgment: 17 April