Search Results

1. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...Ltd v Air New Zealand Ltd, Wild J considered the principles applicable to the grant of an interim injunction. After considering whether there was a serious question to be tried, Wild J moved to the balance of convenience: 16 [5] The leading statement of “the balance of convenience” remains that of Lord Diplock at 408-409 in American Cyanamid Co v Ethicon Ltd [1975] AC 396. While stressing that the relevant factors and their weighting are case dependent, Lord Diplock suggeste...

2. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

   ...reasonably competent lawyer”. 9. Mr HM did not prepare the application for Probate. He was insisting on receiving the certificate confirming her mother’s death which, Ms PL says, was not necessary to apply for Probate. 10. Mr HM did not prepare a statement of assets and liabilities of the estate although, Ms PL says, he had all the information to enable him to do so. 11 At [11]. 12 At [11.1(d)]. 13 At [11.1(h)]. 14 At [11.1(i)...

3. Ruka - Rangihamama X3A and Omapere Taraire E (2008) 123 Whangarei MB 137 (123 WH 137) [pdf, 4 MB]

   ...following: 1. The payments were in breach of the trust order. 2. The trustees did not seek directions from the Comi in relation to the trustee fees nor do they appear to have sought legal advice. 3. The payments were all disclosed in the financial statements of the ttust which were approved by the owners at each annual general meeting. f) 123 Whangarei MB 142 4. The beneficial owners have at two annual general meetings (on 30 September 2006 and 3 November 2007) passed resolu...

4. [2017] EmpC 90 Nathan v Broadspectrum (NZ) Ltd (formerly Transfield) [pdf, 148 KB]

   ...between his lawyer and Broadspectrum’s lawyer where any substantive training was said to be “provided on the job”. [28] Mr Nathan considers having to now complete these skills assessments is an about-face by Broadspectrum from its previous statements. [29] Any confusion over what Broadspectrum requires has been dispelled because of what has been clearly and unequivocally stated by Mr Craig MacDonald, who is the General Manager Power for Broadspectrum in New Zealand. Mr Mac...

5. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

   ...Court may confirm, amend, or cancel a decision to which an appeal relates. (4) Nothing in this section affects any specific power or duty the Environment Court has under this Act or under any other Act or regulation. [31] In this case, there is no claim that any of the grounds in s 325(5) of the Act apply. The appeal is based on the lawfulness or appropriateness of condition 7 of the resource consent and on the validity of the actions of the Council's enforcement officer. The C...

6. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...…” [10] As submitted by Mr Jones QC on behalf of the practitioner the scope and understanding of the phrase “… carrying out legal work for any other person …” is very significant to the practitioner’s case. In essence, Mr Burcher claims to have been the client, conveying instructions to his legal executive, who then signed the correspondence and drafted the documents dictated. It is Mr Burcher’s argument that he was simply providing very detailed instructions on be...

7. Juror Satisfaction Survey 2019 Results Report [pdf, 998 KB]

   ...needed to go to court the next day? 15 Was there a recorded phone message available with up-to-date information about whether you needed to go to court the next day? 16 Were you given information about the fees you will be paid and expenses you can claim? 17 Was the reception or information point at court clearly marked? 18 Were you directed or taken to the appropriate waiting area? 19 Did you feel that court staff gave you information when you asked for it? 20 Were you told abou...

8. Aperahama v Anderson - Section 57 of the Ratana Pa [2022] Māori Appellate Court MB 424 (2022 APPEAL 424) [pdf, 275 KB]

   ...owner of the Rātana Pā reserves land (Sections 57, 58, 70, 72 and 100 of the Rātana Pā), where the church/temple and other facilities of Te Hāhi Rātana are located; 12. Te Komiti governs Te Hāhi Rātana; and 13. The two groups now both claiming to be Te Komiti comprise only Morehu, and all of them are Māori. [8] We look to this factual underpinning in assessing whether Te Hāhi Rātana is a “class or group of Māori”. Ko te hātepe ture o te tono nei Procedural His...

9. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...Fitzgerald, Mr Fitzgerald initiated a follow-on damages action in the High Court. The High Court awarded damages.31 The Crown appealed to the Court of Appeal. The Court has heard the appeal and judgment is reserved. We say no more about the damages claim, because the proceedings are ongoing. 25. Also following the Supreme Court decision in Fitzgerald, the Court of Appeal in Matara held that it followed from the Supreme Court's judgment that an implied s 9 exception also applied to...

10. Final Submissions Summary Report [pdf, 1.1 MB]

    ...Government. Through this function we seek regular reporting and feedback to hapū of performance and compliance with He Whakaputanga me Te Tiriti o Waitangi. Te Rūnanga o Ngati Hine Attorney General is the first law officer – makes separate statements to Parliament. The CMR role could have a similar element Wānanga Develop a way to deal with contemporary Treaty claims. Individual submission Acknowledging that the portfolio needs to support the relationships the Crown has...