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1. Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) [pdf, 266 KB]

   ...the deceased’s Māori land interests left to her in the will. The respondent’s application was not progressed, because the Court accepted the 6 December 2018 application filed by the applicants. 200 Waikato Maniapoto MB 186 (b) In response to queries from the case manager, on 21 February 2019 the applicants confirmed that they did not know the parentage of the respondent. As a result, they considered that Ms Nicola Silcock, as the deceased’s only child, should succe...

2. Kingsnorth v Crawford - Motuaruhe 5D Block (2020) 233 Waiariki MB 39 (233 WAR 39) [pdf, 189 KB]

   ...amended submissions. I granted counsel’s request on 2 May 2019 and gave him three weeks from when he received my minute to resubmit on costs, and the respondents three weeks from the day the applicant resubmitted their submissions to file their response.2 [11] On 24 June 2019 counsel for the respondents filed a memorandum submitting that the time for filing submissions had lapsed and that no order of costs can be made for want of an application. Counsel for the applicant filed a r...

3. NLT v Coetzee [2020] NZIACDT 7 (10 February 2020) Sanctions [pdf, 122 KB]

   ...Coetzee has continued to practice without attracting any adverse attention. Her misconduct was an isolated incident and does not show that her practice suffers from any general or systemic flaws. She responded to the complaint in a mature and responsible manner. [28] Counsel takes no issue with the Registrar’s position concerning sanctions. It is agreed that a caution is appropriate as is a fine at the lower end of the spectrum. It is submitted that a fine of $1,000 would be a...

4. Sexual Violence Legislation Bill [pdf, 154 KB]

   ...influencing their evidence.25 22. We acknowledge that the proposed regime changes the ‘established’ way in which cross-examination occurs and that some may view this as highly undesirable, but it does not change the fact a Judge is ultimately responsibility for ensuring a defendant’s fair trial. Indeed the Bill reiterates in several places that it is incumbent on the Judge to ensure the fairness of the trial. That being so, and given the matters discussed below, we cannot conc...

5. Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) [pdf, 258 KB]

   ...land could be maintained in this instance. Mr Nicholas did not provide this explanation at the hearing, other than to argue that the status of the land needed to be established first. The Judge in the Māori Land Court was not convinced of the response. His Honour did not make a reviewable mistake here either. [20] At the hearing of this appeal, the appellants made heartfelt submissions about the fairness of the Maketū lands being forfeited to the Crown, particularly when no crim...

6. [2022] NZACC 60 – Martins v ACC (12 April 2022) [pdf, 198 KB]

   ...March 2017 is such that it has produced an aggravation of the underlying spondylosis. This aggravation is such that the effects of that have now ceased but symptoms continue associated with the lumbar spondylosis. … The injury of 2017 was not responsible for the development of the lumbar spondylosis which, as said, is a constitutional condition. Relevant law [22] Section 20(2)(a) of the Accident Compensation Act 2001 (“the Act’) provides that a person has cover for a per...

7. [2023] NZEnvC 035 Aokautere Land Holdings Limited v Palmerston North City Council [pdf, 367 KB]

   ...Council's objectives. (footnotes omitted) Discussion [11] I consider that determination of this appeal comes down to two issues: • Firstly, was the NoR issued by the Council for a public work within its district for which it has financial responsibility? • Secondly, is tl1e extent of the proposed designation reasonably necessary to achieve tl1e Council's purpose of enabling road access between Abby Road and Johnstone Drive on an efficient and logical basis? [12]...

8. [2022] NZACC 127 – ONeill v ACC (4 July 2022) [pdf, 308 KB]

   ...him North Shore Hospital had advised it held no records for him. ACC advised Mr O’Neill that if he wish to lodge to a claim for a right eye injury, he could so through his treatment provider. [9] On 17 July 2019, Mr O’Neill wrote to ACC in response to the 18 June 2019 letter. Mr O’Neill said he considered ACC had “ignored” his claim and it could not be declined because it had “lost” his records. Mr O’Neill attached documents he said were evidence of an injury to...

9. [2022] NZEnvC 103 Director-General of Conservation v Whangarei District Council [pdf, 280 KB]

   ...areas. C: The Council is to prepare a final of the plan provisions for approval by the Court within 10 working days. D: Costs applications are not encouraged. If such an application is to be filed, it is to be filed within 20 working days, the response is to be filed within a further 10 working days, and final reply, if any, five working days thereafter. REASONS Introduction In our earlier decision1 this Court concluded that there should be a rule package similar to the...

10. [2022] NZACC 60 – Martins v ACC (17 May 2022) [pdf, 198 KB]

    ...March 2017 is such that it has produced an aggravation of the underlying spondylosis. This aggravation is such that the effects of that have now ceased but symptoms continue associated with the lumbar spondylosis. … The injury of 2017 was not responsible for the development of the lumbar spondylosis which, as said, is a constitutional condition. Relevant law [22] Section 20(2)(a) of the Accident Compensation Act 2001 (“the Act’) provides that a person has cover for a per...