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1. Martin Te Kaha 45B2 (2007) 95 Opotiki MB 108 (95 OPO 108) [pdf, 361 KB]

   ...submissions on the issues before I issue my final decision. The applicants may file submissions within the next two weeks from the date of this preliminary decision. Te Whanau 0 Ehutu representatives will be given two weeks to respond in writing. Failing responses from either party, at the end of one month, the Court will finalise its decision. The case manager is directed to immediately send the file to me for finalisation at the encl of this period. Dated at ~ ~ 1 i ~ this '/...

2. Family Court Rewrite Submission - Parent (2) [pdf, 425 KB]

   ...the Court as to whether allegations are true. Should there be separate support workers for adults and children? Probably not as might be better if one person has overall knowledge of the case 4. Do you have any other suggestions for more child-responsive court processes or services? Separate funding for child specialists in FDR process. 5. Should obligations be placed on the Ministry and/ or the Government to improve family justice outcomes for Māori? Yes. What would these obligat...

3. Hay - Estate of Douglas Allan Huirama Te Kohera Hay (2018) 50 Te Waipounamu MB 144 (50 TWP 144) [pdf, 217 KB]

   ...and that was understood by the whānau. [9] Despite the Court having noted the need Allan Hay’s children to apply for succession, the orders made vested his interests in the whānau trust. The applicant and Liana Hay, were also appointed as responsible trustees. [10] On 14 October 2016, the applicant appeared in the Māori Land Court at Christchurch seeking succession to the interests of Allan Hay. The application was dismissed on the basis that the interests had already been...

4. Guidelines - How to make an appeal [pdf, 318 KB]

   ...method best suited to the appellant’s circumstances. [8] LODGING OF REGULATION 249 REPORT 8.1. The regulation 249 report sets out MSD’s reasons for its decision. 8.2. The Authority will give MSD a date for filing its regulation 249 report in response to the appeal. MSD may provide the regulation 249 report at the same time as the relevant documents referred to in clause [7] above, if it is more practical for the parties to do so. 8.3. The Authority may require MSD to provide...

5. Family Court rewrite submission: Blind Citizens NZ [pdf, 132 KB]

   Association of Blind Citizens of New Zealand Inc Submission in Response to the Examination / Review of the 2014 Family Justice Reforms November 2018 Introduction Blind Citizens NZ is a disabled people’s organisation (DPO). We exist to give voice to the aspirations and lived experiences of blind, deafblind and vision-impaired New Zealanders. The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 both seek to protect disabled people’s rights to freedom...

6. Strengthening the family justice system - Q and A [pdf, 330 KB]

   ...of Justice should look at measures to improve recruitment and retention of psychologists. • Psychological critique report writers should be required to be approved report writers under section 133 of the Care of Children Act 2004. • In response to complaints about a section 133 report writer, that the judge’s decision regarding the complaint be made available in any subsequent disciplinary hearings. • Information and guidance be developed for parties, lawyers and...

7. Brodav Ltd v Waters [pdf, 28 KB]

   ...being a reasonable probability of water entry. These faults are attributable to Mr Collings. The Tribunal finds he was negligent in the way in which he affixed the coloursteel apron flashings. 8. It was contended Mr Collings may have been responsible for installing the butyl roof membrane. Usually such a membrane is applied by a specialist applicator. Unfortunately Mr Collings did not appear to resolve this question. However a perusal of the invoices that have been produce...

8. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [2010] NZWHT Auckland 7 [pdf, 82 KB]

   ...that were not covered in the general technical literature, they will also need to establish that the loss suffered has been caused by this lack of detail. This latter aspect may be difficult given the reasonably wide spread departure by those responsible for construction from the plans and specifications that were provided. Page 6 of 8 [14] Despite these directions and similar comments made at the commencement of the hearing some alleged design deficiencies were pursue...

9. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...assets pending further enforcement proceedings. This judgment does not require the second or third respondents to meet the debts of the first respondent but recognises that, as the human operatives of their company, Mr Awad and Ms McFarlane are responsible for what it does or does not do. Further, I consider that there is a realistic possibility that the company’s assets may have been transferred to either or both of the second and third respondents in an attempt to avoid paym...

10. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

    ...reference to irrelevant matters' was made, being the keeping of kid goats in the implement shed; and (g) given the nature of an enforcement proceeding, the First Respondents had no option to engage counsel and a planner to respond. [9] In response, counsel for the Applicants submitted: 4 (a) the application had merit, being more broadly based than in relation to a breach of resource consent conditions, but including an alleged breach of s 16 of the Act in relation to nois...