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1. Ngāti Pāoa Trust Board v Ngāti Pāoa Iwi Trust - Ngāti Pāoa [2020] Maori Appellate Court MB 318 (2020 APPEAL 318) [pdf, 323 KB]

   ...tribe and that the tribe should be encouraged to resolve any disputes over representation through traditional means. The purpose of a s 30 order [14] It is clear from the foregoing that a binding s 30 order is made in limited circumstances in response to an established or pressing need to provide certainty as to representation for particular purposes. The jurisdiction to make (or amend) such an order is fact specific and is not meant to otherwise supplant the inherent right of a...

2. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

   ...Kaimoana Trustee Ltd v Te Runanga Nui o Te Aupouri provided guidance on the relevant factors and principles that would apply in that case which concerned customary interests relevant to the coastline:11 [8] This provisional determination is issued in response to the request of the parties. I would not have done so but for the fact that there was unanimous support. [9] The guidance here recorded is provisional in nature. It does not determine matters of relevance or weight. It remain...

3. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...after the employment relationship ended. [82] The agreement prohibited the department from entering into any insurance, re- insurance contract, or any other contract or arrangement that had the purpose or effect of removing from it financial responsibility for the AC Act liability it had assumed by contract. [83] The agreement provided that the department could recover an overpayment directly from the employee concerned, subject to s 251 of the AC Act. That section allows th...

4. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

   ...nomination, selection and appointment of Tāmati Kruger for the Rūātoki trustee vacancy. He submitted that Mr Kruger was nominated by the Tauarau Marae Committee (“the marae committee”) on 2 October 2018, despite the trust deed providing that responsibility for nominating a candidate rests with the hapū trust. Mr Nikora says that the marae committee was established to conduct the day to day running of the marae and not to make political decisions pertaining to the hapū. H...

5. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court. Given the reality that few members of the public will be able to attend particular hearings, the media carry an important responsibility in this respect. The courts have confirmed these propositions on many occasions, often in stirring language. [Footnote citations omitted] [9] The resolution of this claim arises from the death of Mr A and the acceptance by Dr Plat...

6. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...buildings, at least, are constructed within the 55dBA contour, there is a need to provide attenuation to standards, namely to achieve an internal noise level (with windows and doors open) of around 40dBA; 3. The corollary to this is that Northport takes responsibility in relation to existing homes, of ensuring (if the owner requests) that those standards will be met inside the house. There are criterion that have to be met, and the offer is not time-limited. This represents a balanc...

7. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...advertisement disclosed the churches, but nowhere did it state that the property was not residential. [24] QH provided to the Committee information about the Facebook and website listing changes made after the sale. He said they had been edited. Response of the agents [25] At the request of the Authority, an explanation was provided on 11 February 2021 by EQ. He stated that the print and social media advertising did not include misleading information that the churches could...

8. OIA-97276.pdf [pdf, 7.3 MB]

   ...by the Ministry of Foreign Affairs and Trade (MFAT). MFAT accepted transfer of the second part of your request and will be responding to you separately with their information. Please find below the Ministry of Justice's (the Ministry's) response to your request. I note that the European Union (EU) adequacy review is on-going, and therefore there is a need to respect the confidence of communications between New Zealand officials, and with the EU, about the review. As such, some i...

9. Williams - Hohotaka 2A Section 4 [2023] Chief Judge's MB 2 (2023 CJ 2) [pdf, 971 KB]

   ...request for the hearing to be delayed. As at 12 September 2022, the filing of Ms Wallace’s further section 45 application was still being finalised. On 22 September 2023 Chief Judge's MB 14 2022, Ms Wallace filed a submission in response to the draft submission and the report and recommendation. [8] Notice of hearing and the draft submission as at 6 September 2022 were issued to the applicant and affected parties for whom addresses were known on 6 September 2022....

10. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

    ...replacing Neville Patu and Rover Waiapu as they are deceased, and Melanie Miriama Thomas, Nola Ripeka Hinehaurangi Melrose and Olive Chapman as they have resigned, with Albert Waiapu, Alaina Chapman, Jodie Porter, Peggy Fell and Veronica Phipps as responsible trustees of Torere Section 58 Ahu Whenua Trust; and (b) Under section 239(3) vesting the land and assets in Albert Waiapu, Alaina Chapman, Jodie Porter, Peggy Fell and Veronica Phipps as responsible trustees of Torere...