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1. Katipa v Dobbs - Harataunga 2C1 [2015] Chief Judge's MB 635 (2015 CJ 635) [pdf, 338 KB]

   ...applicant and his whānau will revive their application to redefine the beneficiaries of the marae. This will effectively mean repeating the hui process that the Chief Judge directed, which in the circumstances will be a complete waste of time and resources. It was noted that both parties are in receipt of special aid. [35] In counsels’ submission, an order in line with the resolutions passed at the hui would promote the key principles set out in the preamble to the Act and s 17 o...

2. Taueki v Horowhenua 11 Part Reservation Trust - Horowhenua 11 (Lake) Block (2016) 347 Aotea MB 269 (347 AOT 269) [pdf, 354 KB]

   ...examine whether Mr Taueki has satisfied any of those subsections. [21] At first blush, the application could only succeed under s 19(1)(a), 19(1)(b) or 19(1)(d) of the Act. This is because s 19(1)(c) refers to the unauthorised removal of natural resources, which is not relevant in the present circumstances. Section 19(1)(a) allows the Court to grant an injunction where there is actual or threatened “trespass” or “other injury” to any Māori freehold land, Māori reservation...

3. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

   ...continue in employment from that time may give rise to an issue of waiver. However, that was not pleaded nor argued. [32] To assist Mr Noonan in his dealings with Ms Hamon at the two meetings on 17 December 2007, he had employed a private Human Resources consultant, Ms Raewyn Kirkman. Ms Kirkman in fact drafted the two letters sent to Ms Hamon in preparation for the meetings. She attended both meetings. She gave evidence at the Court hearing. She stated that following the me...

4. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...shared services project; criticisms the plaintiff had of management within the defendant organisation; concerns relating to perceived flaws in the defendant’s security systems; perceived IT risks for both the defendant and other organisations; resourcing concerns and concerns relating to the competency of other employees of the defendant; concerns about the defendant’s financial expenditure; a perceived personal vendetta against the plaintiff by senior management, characterised...

5. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

   ...foreshadowed, his principal concern was that on the available evidence NTTC did not appear to display the usual accountability, reporting and transparency mechanisms expected of a land holding entity acting on behalf of beneficiaries of communally owned resources. However, those concerns would no longer be relevant if the shares were transferred to a trust created under the Māori Affairs Act 1953. Ohau Pā Reserve is just such a trust that is legally accountable to the beneficiarie...

6. Henton v REAA, Max House & Barfoot & Thompson Ltd [2013] NZREADT 18 [pdf, 115 KB]

   ...its way through the system with the Real Estate Agents Authority; (b) His separate complaint about the complaint-handling process, which was dismissed by the Committee; and (c) The present appeal against that dismissal taking up time and resources of the Tribunal. The second respondents understand the Authority's wish to try to widen the scope as much as possible for potential unsatisfactory conduct findings, but it is submitted that the present attempts are taking this...

7. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...fair balance between the general public interest and important personal rights of individual citizens. In the present context it means that accused persons ought not to be left handicapped by a lack of relevant information and by the imbalance of resources available to them in preparing a defence compared with those at the disposal of the State. So that all relevant information in the hands of the prosecution should be made available to the defence subject only to exceptions needed to av...

8. Wynn-Parke & Anor v CAC20008 & Ors [2015] NZREADT 8 [pdf, 232 KB]

   ...specified. No doubt that depends on the circumstances. However it is clear that the salesperson is not required in every case to reach their own conclusion on the issue. 12. Indeed it is submitted that salespersons will very often not be qualified or resourced to reach a conclusion, and it would be irresponsible to try to do so. 17 13. That is the situation that confronted the agents here. The issues raised were of complex matters of law and surveying. [83] Mr McDonald...

9. LCRO 127/2017 EZ v UO [pdf, 265 KB]

   ...within her more expansive criticisms of the justice system. [30] She is critical of the fact that she was required to respond to a claim that she considers was fabricated and lacking in merit. [31] She is concerned that so much of her time and resources had to be spent on defending what she perceived to be an entirely spurious claim. [32] In her submissions, she frequently returns to suggestion that the lawyers engaged in the proceedings (including Mr UO) failed to identify that the...

10. LCRO 95/2013 GI v JM (28 June 2017) [pdf, 255 KB]

    ...hearing and some idea of timeline to get a hearing in the Family Court under some urgency.” • “I am legally entitled to a fresh start and I am asking for resolution as soon as possible ... so it is crucial we use both time and financial resources wisely.” (f) 10 May 2011: “Thank you for your hard work Monday.” (g) 13 June 2011: “As part of agreeing to attend the [JSC] I expect both parties to be properly prepared.” (h) 30 June 2011: “I agree that we should acce...