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1. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

   ...Registrar and senior officials within the Ministry stressing that the fund has come under increasing pressure due to the number of complex cases being argued before this and the Māori Appellate Court. It has been emphasised to those who carry the responsibility that further funding on an annual basis will be necessary if realistic attempts to achieve the objectives of Te Ture Whenua Māori Act 1993 are to be made. It must also be said that the apparent fluctuations in available fun...

2. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...of the applicant's age specific needs. [49] As Mr McBride pointed out, Ms Andrews assessed the applicant as needing 50 hours per week extra care, but this was in the context of legislation that provides for a discount for family based care responsibilities, and unlike an s 80(3) assessment, does not recognise indirect, overnight supervision needs to ensure safety. [50] Mr McBride then referred me to the applicable test in respect of s 80(3), as interpreted by the Court of Appea...

3. AT v ZH & Ors LCRO 127/2013 (26 March 2014) [pdf, 123 KB]

   ...9.1 The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following: (a) the time and labour expended: (b) the skill, specialised knowledge, and responsibility required to perform the services properly: (c) the importance of the matter to the client and the results achieved: (d) the urgency and circumstances in which the matter is undertaken and any time limitations imposed, i...

4. Waitangi Tribunal - issue 58 of Te Manutukutuku [pdf, 675 KB]

   ...interest. Overall, the com- munication and consultation were inadequate. However, the report also sends a clear message to claimants and coun- sel that consultation is a two-way process and both sides need to engage early. It points to the late response from Ngäti Rangitihi to the proposed settlement package, and confusion about its representation, as important factors in the Tribunal’s decisions. Although the Tribunal identified the process as deficient, it was unable to make...

5. Waitangi Tribunal - issue 47 of Te Manutukutuku [pdf, 1.1 MB]

   ...Wa i roa hapü Tribunal Presence at Raupatu Hui T ribunal Registrar, Geoff Melvin, and Researcher, Rachael Willan, provided information to claimants at Te Hui Raupatu o Tauranga Moana recently. Ms Willan spoke on the research process and the responsibilities of a Tribunal Research Off i c e r. She dis- cussed how she goes about doing research and her involvement with claimants and independent research- ers. Ms Willan said the hui also gave her a chance to ‘touch base’ w i t h...

6. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...this Court, Mr Holman claims that the fees he was required to pay to receive the qualification amounted to a premium in breach of s 12A of the WPA. He seeks recovery of that portion of the fee which he has paid to date and to be relieved of the responsibility for paying the balance. [4] The proceedings between Mr Holman and CTC have a history across jurisdictions. Proceedings have been commenced in the Disputes Tribunal as well as in the Authority, which is vested with the juris...

7. Lee v Mangapapa B2 Incorporation - Mangapapa B2 (2017) 140 Waikato Maniapoto MB 83 (140 WMN 83) [pdf, 222 KB]

   ...shareholders approved setting aside $50,000.00 to pay historic honoraria and other fees and expenses owed to current and previous COM members. [12] Ms Lee ceased to be a member of the COM in 2008. She began to push to have her fees paid, and in response to her repeated claims for payment the COM sought the preparation of a report to quantify the amount payable. David Heperi, a COM member, prepared the report. It was presented as appendix “1”, attachment “3” to the 2012-20...

8. Apostolakis v Public Trust (Strike-Out Application) [2018] NZHRRT 21 [pdf, 205 KB]

   ...privacy as defined in PA, s 66. Only if such is established on the balance of probabilities is there jurisdiction to award a remedy. See PA, s 85(1). The evidence of Mrs Apostolakis as set out in her affidavit sworn on 10 January 2018 is that in response to her access request dated 16 September 2015 she was advised by the Public Trust on 24 September 2015 that no customer records under her name could be located. She has advanced no other documentation to support her claim. It is clea...

9. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

   ...accorded to such persons as is given to nationals in relation to social security, which is defined as: … legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme. [37] The appellants have not been recognised as refugees in New Zealand at this point in time; though, i...

10. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

    ...[10.1]-[10.1.2]. Also see the Ngā Mana Whenua Tāmaki Makaurau Collective Redress Deed: Documents Schedule which sets out that we have a spiritual, cultural ustomary and historic relationship with Waitematā, together with an inter-generational responsibility to as kaitiaki to preserve, protect and manage those taonga for all generations. 2510 TU-447097-3-1211-V13:TU 11 Marine and Coastal Area Application 55. Ngāi Tai filed applications with both the High Court and the Office...