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1. Manning - Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 215) [pdf, 204 KB]

   ...Ngatiwai Ki Whangaruru Whenua Topu Trust and a local kuia, Raukura Robinson; (b) That none of the preferred classes were in a position to purchase the land; (c) That the objectors objected in principle to the sale of Māori land; (d) That they claimed that there was a pā site on the land; (e) That the appellants disputed that claim. [81] The objectors claimed that there was an old pā site on this land. However it became apparent from other evidence given at the sitting that the...

2. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...physiologist. (g) Ms Glasson was repeatedly confirmed by her union as being covered by the physiologists’ collective agreement, most recently in 2012 and 2015. [57] The DHB rejected what it perceived to be an argument that Ms Glasson claimed the HPCAA required her to be registered with the Technologists’ Board and to hold an annual practicing certificate issued by it. The thrust of this submission was that there is nothing in the HPCAA preventing trained clinical phys...

3. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...mistakes would not have been detected and corrected before any loss resulted. Moreover, they contended that the trust is wealthy enough that it would have been able to cover any unclaimed dividends irrespective of any understatement in the financial statements. Mr Bidois submitted that this is not a situation where their administrative errors have placed the trust at risk, and claimed that they have learnt their lesson so no further sanction is necessary. [76] The trustees made n...

4. [2021] NZACC 105 - W v ACC (16 July 2021) [pdf, 384 KB]

   ...having unpaid leave is not for the time being engaging in work. A person is not an earner merely through having a contractual relationship as an employee. [41] In VB v Accident Compensation Corporation18 the claimant was working overseas but claimed she was an earner at the date of incapacity. The argument for 15 Murray v Accident Compensation Corporation [2013] NZHC 2967. 16 Ryan v Accident Compensation Corporation (2006) 7 NZELC 98,253. 17 Flachs v Accident Compensation Corpor...

5. Waitangi Tribunal theme U - Land with All Woods and Waters [pdf, 1010 KB]

   ...disappeared in less than 100 years. The Wai 262 claim is about control of indigenous resources for the harvests and the economic return they yield. Among the concerns of the Wai 262 claimants is the Crown’s current policy of resource management. The statement of claim made in 1991 reads: 1. In 1840 the Iwi of the named claimants exercised manawhenua over all of the land in the following regions . . . 2. Within those regions they exercised te tino rangatiratanga to protect and ensure the ec...

6. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

   ...change the skills training system; including module composition, weighting and training priorities, to ensure equity and fairness and the efficient operation of the system. [41] The equity and fairness requirement is also highlighted under the “Statement of Intent” provisions in cl 3 of the collective agreement. The relevant clauses provide: 3.3. Accordingly this agreement is drafted to reflect the balance of rights and responsibilities between the employer and its manageme...

7. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

   ...felt Mr Rees had become greedy after the sale and thought he could get more money from auctioning the property again so that he took the point that he had given no written authority to sell it. In hindsight, Mr Waine blames himself that he took the statement of Mr Rees to him made in late 2012 “just get rid of it, I just want it gone” as an instruction to organise the sale of the apartment. [28] Mr Waine was carefully and thoroughly cross examined by Mr Rea. Inter alia, he stated...

8. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...potential witness. She was most anxious to get back into her house and speak with her son whom she expected to be scared by the Police presence as he was only X years old at the time. She says she felt pressurised by the Police to make some sort of a statement as a witness but they interpreted her as saying that she had realised at material times that the two men may have been setting up a P lab. She asserts that is not true and not what she told any Police officer; and she meant the P...

9. Williams - Estate of Blewett Porou Williams [2018] Māori Appellate Court MB 47 (2018 APPEAL 47) [pdf, 332 KB]

   ...those beneficiaries. The requirement to determine the beneficiaries means that the court has to decide between competing claims in an estate and this jurisdiction is concurrent with that of the High Court. The above must be viewed as a general statement made in the context of this case. Not all disputes over a will fall within the jurisdiction of this court. Probate of a will is granted by the High Court and this court is bound to act on that grant. If someone wishes to disput...

10. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

    ...Act 1956. The submission was that the trustees would have done better to have "stuck to their knitting" by refusing to investment outside the core business of the Trust - farming. However, this Court does not intend to make any general statement about diversification policy; the trustees are bound by the Trust Order, the provisions of Te Ture Whenua Maori Act 1993 and the Trustee Act 1956, and beyond that must make their own decisions as to what investment strategy to fo...