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1. GX v TF LCRO 54 / 2011 (9 February 2012) [pdf, 64 KB]

   ...hindsight. I have considered that at the time the former lawyers had indicated their willingness to resign, that appropriate documentation was sent to them, and it was anticipated by all that this would be done. [14] Nor was this majorly responsible for delay since meanwhile more time was consumed in organising another independent trustee. The individual first proposed by the Applicant and his wife was initially willing, but then declined after receiving legal advice. More t...

2. Satchell v Matchitt - Tawaroa Topu (2008) 105 Opotiki MB 204 (105 OPO 204) [pdf, 273 KB]

   ...his or her trust (whether by way ofinjunction or otherwise). Discussion [14] As can be seen from the law, the Maori Land Court has extensive supervisory powers over trusts established under Te Ture Whenua Maori Act 1993. In addition, it has a responsibility to ensure the enforcement of the obligations of a trust, even absent an application, where circumstances come to the knowledge of the Court. 10 Significant case law now exists in this jurisdiction on these points and are to be fo...

3. [2017] NZEmpC 58 AFFCO New Zealand Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 140 KB]

   ...given by the Court on important good faith matters. Against that, I also take into account the fact that the proceeding appeared to have a tactical objective. [31] Drawing these strands together, it is my judgement that AFFCO must bear some responsibility for having brought an interim application for which there was no jurisdiction; that it is entitled to some credit for not having requested the Court to issue a further judgment recording factual findings which were likely to be c...

4. Mane - Waihou A8C1B1 (2018) 171 Taitokerau MB 291 (171 TTK 291) [pdf, 445 KB]

   ...decision I indicated my findings and my intent to make orders as follows: 171 Taitokerau MB 295 (a) I found that Barney Mane and Lawrence Mane (deceased) held the interests in the homestead on trust. I note that upon his death, Lawrence’s responsibility as a trustee transferred to his family. None of the submissions I received, or the evidence reviewed, have changed my mind and the order is now final. (b) In terms of Application A20120002102 made pursuant to section...

5. Faulkner v Hoete - Motiti North C No 1 [2017] Māori Appellate Court MB 188 (2017 APPEAL 188) [pdf, 293 KB]

   ...plan change that has occurred since the judgment of the Court below and nor is it conclusive evidence that a plan change will in fact occur. We point out that at [8] of the affidavit the appellant herself confirms that the DIA has not provided any response. To that end we find that the evidence is not credible or cogent. [29] We note further that if a plan change did occur, it is always open to the appellant to file a fresh application with the Court below seeking to have the injunc...

6. BORA State Sector and Crown Entities Reform Bill [pdf, 254 KB]

   ...volition. However, at present the Commissioner may exercise these powers in respect of the State services (including Crown entities and departments with greater operational autonomy such as the Police) only if directed to by the Prime Minister or the responsible Minister. Investigations into the wider State services raise the same issues of public interest, transparency and accountability as those into the Public Service. We consider that, to the extent it limits s 14, the Commissioner’s...

7. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 296 KB]

   ...with one another’s names and addresses (except where a claimant has requested confidentiality); d. cl 22 requires parties to a pay equity claim to provide each other information that is reasonably required to support or substantiate the claim or a response to the claim; and e. cl 41 requires employers to keep records about pay equity claims, with failure to do so attracting a penalty of up to $20,000. 13. We consider any limitations arising from these provisions to be justified unde...

8. [2018] NZEnvC 059 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   ...persuaded to allow early demolition of the main building, we impose a condition restraining construction of the residential units on the site to a very small number pending strengthening of the chapel, or other controls. [15] This attracted a strong response from TWCl questioning the power of the Court to do so in the face of agreements reached in mediation, complaining of delays (including by the Court which we strongly resist in view of the very timely progress of this case at e...

9. [2018] NZEnvC 059 The Wellington Co2. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   ...persuaded to allow early demolition of the main building, we impose a condition restraining construction of the residential units on the site to a very small number pending strengthening of the chapel, or other controls. [15] This attracted a strong response from TWCl questioning the power of the Court to do so in the face of agreements reached in mediation, complaining of delays (including by the Court which we strongly resist in view of the very timely progress of this case at e...

10. Notes of Crown Maori Relations focus group with Community and Social Organisations 12 April 2018 [pdf, 443 KB]

    ...Community and Social Sector (12 April 2018) Page 2 of 5 • The idea of the NZMC emerged around 1935, before the urban migration and around the time the Māori Women’s Welfare League (MWWL) was beginning to form. • It was partly a response to the MWWL’s strong focus on issues affecting Māori communities. • The NZMC was initiated by a group of Māori men, was directed toward more statutory considerations and mechanisms, and established through officials as an instit...