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1. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...not limited to,— (i) intimidation: (ii) harassment: (iii) damage to property: (iv) threats of physical abuse, sexual abuse, or psychological abuse: (iva) financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education): (v) in relation to a child, abuse of the kind set out in subsection (3). … [12] The submission by Mrs Apostolakis that the discrimination lies in t...

2. [2017] NZSAAA 05 (18 October 2017) [pdf, 207 KB]

   ...Eligibility for an allowance under the Student Allowances Regulations 1998 depends in large part on the income of the applicant. Student Allowances are intended to assist those students who are most in need in the sense of lacking the available financial resources to support tertiary study. It is therefore not surprising that in looking at “lump sum” payments made to students the Regulations would distinguish between payments which represent earnings and those which stem from other s...

3. Wise v Commissioner of Police [2020] NZHRRT 44 [pdf, 169 KB]

   ...redundant due to restructuring, Ms Wise made a number of information privacy requests. On 19 June 2018 Ms Wise made the information privacy request which is the subject of this claim. The request was made via email to Annette Freese, Senior Human Resources Adviser. Ms Freese was on leave at the time, so an automated out of office response was sent to Ms Wise. [6] After returning from leave, Ms Freese acknowledged the information privacy request and emailed Ms Wise three times regardi...

4. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   ...by his father and late mother for their immediate whānau. It is not therefore a case of ancestral land that has been handed down by succession. This is a situation where Mare Kupa has, according to the evidence, purchased the land with his own resources. He should therefore be entitled to derive a benefit from that land and continues to do so with his programme of sub-division, sale and rationalisation. 85 Tākitimu MB 195 [24] Further, I do not see how the 0.5 share of Mr K...

5. [2020] NZEmpC 181 Evans v JNJ Management Ltd [pdf, 207 KB]

   ...restructuring of JNJ’s security systems [29] It is common ground that, in February 2019, JNJ engaged external contractors to perform security work for it. It says that the reason for engaging the external contractors was to supplement its internal resources and to provide coverage as needed. It says its decision to do that arose out of concerns Mr Evans raised that JNJ was under-staffed. [30] While that might have been the thinking behind the decision to engage external c...

6. OJI-Fibre-Solutions-NZ-Limited-84-85-86-90-91-92-94-96-97-98-99-100-101-102.pdf [pdf, 181 KB]

   ...Chambers DDI 09 300 1259 | E gillian@chappell.nz | PO Box 3320 Auckland 1140 | DX CP20546 | IN THE ENVIRONMENT COURT ENV-2020-AKL- AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE IN THE MATTER of the Resource Management Act 1991 ("RMA") AND IN THE MATTER of an appeal under clause 14(1) of Schedule 1 of the RMA against a decision of Waikato Regional Council on Plan Change 1 to the Waikato Regional Plan AND IN THE MATTER o...

7. Charleton - Parihaka X Trust (2005) 154 Aotea MB 45 (154 AOT 45) [pdf, 553 KB]

   ...resonate across the span of generations. In addition, the history of Maori-Crown relations is littered with numerous petitions, letters, reports and findings of comlnissions that underscore the seminal nature of communal custodianship of land and resources. From the pre-Treaty transactions examined by the Spain COlnmission to the land purchase practises involving large hui spearheaded by Donald ~v1cLean in the Heretaunga region in the 1850s up to the findings of Rees and other luminaries...

8. Joe - Tataraakina C (2003) 173 Napier MB 51 (173 NA 51) [pdf, 494 KB]

   ...July 1994 at 139 Napier Minute Book 14-26. 4. The trustees are Gilbert Brown, James Hill, Joseph Young, Rere Puna, Ruruaurua Heita Hiha, and Te Whetu Tipiwai. 5. In May 2002 the applicant lodged a proposal with the Trust to utilise the fishing resource on the Trust lands. Minute Book: 173 NA 52 6. By letter dated 24 October 2002 the Trust advised the applicant that his proposal had not been accepted by the Trust and that the Trust had granted Poronui Ranch Limited (PRL) a three y...

9. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

   ...such a community, even if a 20 metre roadway was provided, that did not mean unfettered development of the land in Hongoeka Bay. Mr Bailey agreed that the current Maori roadway was impractical and ~ 197 Aotea MB 304 any attempt to secure a resource consent to use the Maori roadway as originally intended would meet resistance because of environmental concerns. In other words, he acknowledged that there was considerable merit in confirming the formed and sealed road as the legal...

10. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

    ...for a plaintiff to test an agency’s withholding decision under ss 27 to 29. Judicial review does not provide a merits review of the kind available before the Tribunal and is a remedy which for most lay litigants is beyond personal and financial resources. It is therefore essential that the Tribunal does not use its discretion to award costs in a manner which might deter lay litigants (and, for that matter, those represented by a lawyer) from the inexpensive and accessible form of just...