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1. Deputy Registrar - Estate of Joseph Smith I [2017] Chief Judge's MB 1 (2017 CJ 1) [pdf, 246 KB]

   ...to give effect to this order. d) If objections are received then the matter should be referred to the Chief Judge for directions. Procedure [6] The Registrar’s Report was distributed to parties on 15 July 2016 advising that any written responses or objections to the Report are to be filed at the Office of the Chief Registrar Wellington no later than 15 August 2016. [7] No responses or objections were received by this office in regards to the Registrar’s Report. Discussio...

2. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...vehicles for dealing with issues of this sort. Furthermore, the Ministry points out that the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 are not “supreme law” and do not override “other, conflicting legislation”. In response to the appellant’s criticism of the review process as unfair the Ministry simply emphasises the authority given to the Secretary to conduct the review process under the Regulations, and emphasises the independence of the Secretary in t...

3. BORA Outer Space and High Altitude Activities Bill [pdf, 202 KB]

   ...Bill of Rights Act, which protects the right to freedom of expression. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 9. Clause 56(2)(a) enables the Minister responsible for administering the Act (‘the Minister’) to seek and receive any information (including medical reports) as the Minister thinks fit for the purpose of determining whether or not a person is a fit and proper person to hold a lic...

4. Gratton - Estate of Elizabeth May Henson (2003) 131 Aotea MB 230 (131 AOT 230) [pdf, 607 KB]

   ...of the direction for succession to the estate of the Deceased on behalf of those entitled under the will. More importantly, I made it clear that any failure to comply with the order was likely to be treated seriously. Mrs Fleming was urged to act responsibly and do her duty to the testatrix, to the beneficiaries and to the Court. Recent events On 11 July 2003 Mrs Fleming wrote tome, in summary, making it clear that she does not intend to comply with the direction or order of the Court....

5. [2019] NZEmpC 53 CBA v ONM [pdf, 284 KB]

   ...defendant requested an adjournment on the basis that significant unforeseen difficulties had arisen. [3] The Court was advised that the plaintiff’s return to work had very significant implications for another employee; and further, the responsible manager would be unable to attend the fixture because she is on medical leave for several weeks. [4] The defendant in these circumstances proposed that the fixture be adjourned for a period of two months which would enable r...

6. Kiwi Property Group Limited [pdf, 259 KB]

   ...the change to the management plan; • The proposed changes are the subject of consultation with all potentially affected parties including Kiwi, with those parties - 7 - being given an opportunity to provide to the Council their written responses to the proposed changes; and • The Council is satisfied that the revised management plans continue to meet the outcomes, standards and thresholds specified in the conditions. (j) Kiwi acknowledges that the detailed design of the...

7. LCRO 190/2019 GK and UL v MH and [RT] Law Limited (19 May 2020) [pdf, 117 KB]

   ...action in respect of their complaint. [2] The complaint arises from [RT] Lawyers Limited (the firm) acting for the applicants on the sale of their property (the sale). The firm’s directors are Ms MH, Mr SP and Mr AF. [3] Mr AF is routinely responsible for managing and supervising Ms YG. Ms YG is an employee of the firm who had carriage of the sale on instructions from the applicants. [4] Mr SP acted for the purchasers on the other side of the sale. 2 [5] On 10 July 2019 th...

8. BORA Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill [pdf, 241 KB]

   ...8. The Bill seeks to amend the Children, Young Persons and Their Families Act 1989 (‘the principal Act’) and the Vulnerable Children Act 2014 by: a. amending the purpose and principles of the principal Act to support an early intervention response to care and protection issues b. introducing new obligations on the chief executive of the new Ministry and relevant agencies to address the needs of children and young people c. introducing new regulation-making powers d. amending t...

9. [2018] NZEmpC 120 RPW v H and C [pdf, 231 KB]

   ...affidavits was called as a witness and confirmed the contents of the affidavits as being true and correct. [19] The documents which are attached to the affidavits consist mainly of copies of posts by the defendants on social media and include responses from supporters of the defendants. Copies of correspondence to third parties from the defendants have been posted. The posts contain extensive comments which are not only disparaging but could be described as abusive. The...

10. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

    ...cases, including the decision of the Supreme Court in Proprietors of Wakatu v Attorney General.5 5 Proprietors of Wakatu v Attorney General [2017] NZSC 17. 174 Taitokerau MB 55 [15] In response to questions from the Court, Mr Samuels clarified his argument as follows: (a) He contends this land is Māori customary land; (b) He argues this Court has no jurisdiction to grant the orders sought as ss 18 and 19 of the Act, whi...