Search Results

1. Gwizo v Attorney-General (Strike-Out Application) [2021] NZHRRT 20 [pdf, 170 KB]

   ...the Governor-General. That as the claim is under the HRA and involves the actions of Immigration New Zealand, a business division of MBIE, the defendant should be the Attorney-General (on behalf of MBIE). [7] On 13 February 2017 Mr Gwizo filed a response to the statement of reply in which he maintained the Governor-General was a proper defendant as “the primary custodian of the Treaty of Waitangi” and because “The claim has come about as a result of a failure to abide by the Trea...

2. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...behalf). 43. These provisions constitute prima facie discrimination on the basis of age in respect of those aged 16 or 17. 44. Age restrictions necessarily involve a degree of generalisation using age as a proxy measure of maturity and capacity to act responsibly. This avoids the administrative burden inherent in assessing each individual’s maturity and responsibility on a case-by- case basis. 45. The limits in the Bill are consistent with other legislation which uses age a threshold...

3. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...I do not consider that a refusal to attend a directed mediation is a pre-condition to an award of costs of mediation and I do not understand Judge Inglis to have so decided. Because of its confidential nature, it is not possible to attribute responsibility for mediation’s lack of success in any case; but this too does not preclude the making of a contributory costs’ order if that may be otherwise warranted Indemnity costs? [33] The relevant circumstances of the case do not w...

4. Naera v Fenwick - Whakapoungakau 24 (2017) 169 Waiariki MB 3 (169 WAR 3) [pdf, 292 KB]

   ...(TGPL) who was the true non-party. [9] Counsel argues that Mr Rabindran attempted to settle the issue of costs outside the Court. A letter was sent to the applicants and third respondents on 29 March 2017 and again on 28 April 2017 to which no response was received. As such a memorandum for costs was required. Counsel submits that the without prejudice offer in the letter is now irrelevant. [10] Mr Katz contends that in this case the arguments in favour of indemnity, or a figure...

5. Kepa v Kautai - Estate of James Keepa (2016) 52 Takitimu MB 256 (52 TKT 256) [pdf, 279 KB]

   ...her children and stated that her sisters supported her stance. Ms Erutoe also confirmed that her brother had no children. Mr Keepa was given notice of the hearing and an opportunity post the hearing to file an objection to the application. No response was received. [7] Judge Marumaru subsequently filed a report to the Chief Judge recommending that the applicant’s evidence be accepted. He considered that the Court had been wrong to exclude Ms Erutoe and her sisters without rece...

6. LCRO 152/2015 FR v CB and WT (15 May 2017) [pdf, 200 KB]

   ...of time [20] FR is not correct when he says the Committee did not confirm an extension of time to comment on LT’s report. The Standards Committee sent LT’s report to the parties on 18 February 2015 with a request to provide any comments in response by 4 March 2015. Both WT and CB advised they did not wish to comment. [21] On 24 February 2015 FR requested the Complaints Service to provide him with the cases referred to by LT in his report. These were sent to FR....

7. Takarangi - Hautu 2B1B2A No 3 (2017) 375 Aotea MB 42 (375 AOT 42) [pdf, 371 KB]

   ...former trustees. [53] The affected former trustees are to consult with counsel to consider whether an application for relief per s73 of the Trustee Act 1956 is appropriate. [54] Sarita Hugg, Frances Ketu and Monique Kapua are appointed replacement responsible trustees per s 239 of Te Ture Whenua Māori Act 1993. [55] The trustees should take advice on any proposed distribution and then seek directions once that advice has been considered. [56] The variation to the trust order as s...

8. Kerehi v Griggs - Ngapuketaurua 6C Section 1 (2017) 62 Tākitimu MB 210 (62 TKT 210) [pdf, 424 KB]

   ...2 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [38]. 3 49 Takitimu MB 151 – 175 62 Tākitimu MB 213 Support? [13] Mr Bloor advised that as at 19 February 2016 he had responses from 18 of the 39 owners. 11 were in support of the proposal and 7 were against (64% support). In terms of shareholding there were 6069.45 shares in support and 719.9403 in opposition (63% support, 11.9% oppose). [14] At the he

9. Tanerau-King - Mangamaunu 1A Part Section 19 (2019) 53 Te Waipounamu MB 220 (53 TWP 220) [pdf, 307 KB]

   ...Terry Starkey and Riwai Pacey (deceased), appointed in 2001, and Maraea Tanerau-King and Norman Kerei Keepa who were appointed in 2009 (“the trustees”). [4] The issue for the Court to decide is whether Wirihana Thompsett should be appointed a responsible trustee of the Trust. Background [5] In 1977, Mangamaunu 1A Part Section 19 was set apart as a Māori reservation for the purpose of a recreation ground for the common use and benefit of the owners.1 Presently, the Trust is...

10. Family Court Rewrite Submission - OCC [pdf, 591 KB]

    ...practical commitment to the principles of the Treaty of Waitangi, including: to partner with iwi and Māori organisations, to have regard to mana tamaiti and the whakapapa of Māori children and young persons, and to recognise the whanaungatanga responsibilities of their whānau, hapū and iwi. Recommendation 2: The vision for the Family Justice Service be revised with Te Tiriti o Waitangi and tikanga Māori at the centre. This includes an explicit statutory commitment to Te Tiriti...