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1. [2016] NZEmpC 67 Bay of Plenty DHB v Rahiri [pdf, 143 KB]

   ...Authority, that she was dismissed unjustifiably and has had (albeit modest) compensation for that. [54] On the question of costs on the challenge, I propose taking a very unusual but nevertheless just course and this is one to which the plaintiff responsibly is not opposed in the circumstances. Although it has been successful on the now limited challenge it has brought, I think it is fair to categorise Ms Rahiri as an unwilling litigant in a proceeding brought by the DHB to establi...

2. Māori Trustee v Keech - Ngatitanewai 25B1 and Sub 25B No.2 (2010) 257 Aotea MB 42 (257 AOT 42) [pdf, 113 KB]

   ...Sub 25B2. 257 AOTEA MB 43 [3] The Māori Trustee has held agency over these blocks for the purpose of the leases in question. Since March 2007, the blocks have been under an ahu whenua trust, to which the Māori Trustee is the responsible trustee (183 Aotea MB 30-38 dated 14 March 2007). [4] The respondents, Alastair and Raewyn Keech, were first granted the lease for both blocks in the 1990s. [5] Ngatitanewai 25B1 block comprises 13.2939 hectares and it has 26...

3. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 KB]

   ...complaint was “irrevocably unfounded and the Tribunal’s Decision unjust”. 5 [38] Accordingly, the Tribunal must address the issue of Ms Chase-Seymour’s licence. Serious misconduct has occurred, and the Tribunal is yet to receive a response which contains an element of contrition or insight from the adviser. [39] The combination of the two elements makes it inevitable that removal from the profession is an outcome that must be considered. Principles for suspensio...

4. Waitangi Tribunal - Memorandum historical claims [pdf, 642 KB]

   ...members of the Tribunal. The Tribunal will notify the appointment of the panels to all claimants, the Crown and any identifiable interested parties. 67. It will be for each standing panel to decide the order in which the districts for which it is responsible will proceed. There is no predetermined order and a panel may decide to consider several districts in parallel. 68. As circumstances are likely to vary widely across districts and between the claimants in a district, the standing p...

5. Waitangi Tribunal - issue 63 of Te Manutukutuku [pdf, 1.5 MB]

   ...The confiscation line remains to this day a highly visible symbol of grievance for Tūhoe people. The Tribunal also considered the actions of the Crown during the military expeditions it sent to Te Urewera between 1869 and 1871. These were in response to attacks by Māori leader Te Kooti. In 1869, largely in response to the confiscation of their land, Tūhoe and Ngāti Whare supported Te Kooti in his attacks on Mohaka and other places. Some 80 Māori and Pākehā were killed. The...

6. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

   ...payments, but also time spent on it by the author. [38] The Applicant established a joint trust account ledger in the names of VC and the Respondent. [39] As part of the review I wrote to the New Zealand Law Society Inspectorate, the body responsible for ensuring that legal firms comply with the Trust Account Regulations. A copy of that letter was supplied to the parties. The purpose of the letter was to confirm that the steps taken by the Applicant were correct, and that he...

7. KY v DZ LCRO 174/2015 (25 October 2016) [pdf, 76 KB]

   ...available”. Mr DZ said he had been “more than happy to return for an appointment to avoid this unnecessary delay”. [19] Ms JR acknowledged receipt of the proceedings, Mr DZ asked her to confirm that this “satisfies Service on Mr KY”. Ms JR’s response of “thank you [Name]”, although presumably consistent with her instructions from Mr KY, did not actually constitute a response to Mr DZ’s question. [20] Mr KY was dissatisfied with Mr DZ’s conduct and laid a complaint...

8. Haimona v Taiatini and others - Te Karaka No 1A and Rotoiti 3G1 Blocks [2016] Māori Appellate Court MB 390 (2016 APPEAL 390) [pdf, 356 KB]

   ...chose s 44(5) and no right of appeal lies. [25] Mr Wall submits that as a matter of public interest it is necessary for the Chief Judge to uphold the principles of certainty and finality of decisions. Parliament entrusted the Chief Judge with that responsibility in restricting the rights of appeal by the wording of ss 44(5) of the Act. [26] Counsel also argues that it is incorrect for the appellant to submit that the jurisdiction is exercised upon the hearing of an application what...

9. Barry Knox [pdf, 167 KB]

   ...DX Box YX10107 Dunedin p + 64 3 477 3973 | f + 64 3 477 3184 michael.garbett@al.nz 2515370 page 1 Introduction 1 My full name is Robert Barry Knox. I am a Senior Landscape Architect employed by Dunedin City Council (DCC) with responsibility for providing advice on landscape related Council policy and resource consents, and design input on Council owned property and assets. I have been employed by DCC for over eleven years and have had over thirty five years of pro...

10. Direct referral guide for submitters [pdf, 381 KB]

    ...not on findings of fact. As a s274 party, if you are considering an appeal, you should seek legal advice about whether an appeal has merit. Monitoring and enforcement of the decision If the Environment Court grants the application, the council is responsible for monitoring and enforcing the decision, including all conditions. Relevant publications and information The direct referral process – information for applicants An Everyday Guide to the Resource Management Act:  Making...