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1. [2013] NZEmpC 175 Tranzit Coachlines Wairarapa v Morgan & Wilson [pdf, 171 KB]

   ...Wellington 111. of the Court on the matter was perceived to have the prospect of consequences beyond this particular case. No evidence was led at the challenge and factual matters upon which any decision was to be based were contained in a statement of agreed facts. This is the same procedure adopted at first instance in the Authority, although there are variations between the statement of agreed facts filed in the Authority, and the statement filed in the Court. The C...

2. ENV-2016-AKL-000275 Dilworth Trust Board v New Zealand Transport Agency [pdf, 10 MB]

   ...discretion; and ii. guide persons seeking consent in how they may present their requests. This is an unusual approach to drafting the conditions attaching to a deSignation. Advice notes have no regulatory effect. They are usually added to resource consents to assist the consent holder in implementing the consent and in associated dealings with the consent authority. In this case, however, the Panel heard evidence that the development value of the land affected by Designation 6727 was su...

3. ENVC Hearing 6Oct14 WML evidence chief Mark Poynter [pdf, 852 KB]

   ...to comply with the Environment Court’s Code of Conduct for Expert Witnesses contained in the Environment Court Consolidated Practice Note 2011. The evidence is within my scope of expertise except where I state otherwise. I have prepared this statement to meet my obligations under section 5 of the Practice Note and have considered and referred to all material facts that I am aware of that might alter or detract from the opinions expressed here. Involvement with the Matiatia Mar...

4. [2012] NZEmpC 216 Q v W [pdf, 110 KB]

   ...appeal out of time, filed on 6 May 2010 had been abandoned. There was no indication on the certificate that the plaintiff had applied for name suppression in the Court of Appeal. [15] After considerable delays in the filing of a further amended statement of claim, I considered the matter of suppression should be dealt with following the hearing on 10 September 2012, which led to my judgment on 18 September. The grounds for suppression [16] The plaintiff requested tha...

5. Te Hiwi v Tahamata Incorporation (2005) 148 Aotea MB 265 (148 AOT 265) [pdf, 606 KB]

   ...persons (in this section referred to as "examining officers'') to investigate the affairs of a Maori incorporation and to report to the Court in such manner as the Court directs. (2) The person or persons so appointed may (with the consent of the Chief Executive) be officers of the Ministry. (3)The Court'sjurisdiction under subsection (1) of this section may be exercised­ (a)On the application of shareholders together owning not less than one­ tenth of the shares; or...

6. Tucker v Real Estate Agents Authority (Application for Closed Hearing) [2019] NZHRRT 49 [PDF, 287 KB]

   ...The importance of the open justice principle [12] The fundamental rule of the common law is that the administration of justice must take place in open court. The decision of the Supreme Court in Erceg v Erceg [2016] NZSC 135 opens with a strong statement regarding the centrality of the principle of open justice in both civil and criminal contexts. This principle together with the need to secure the proper administration of justice governs the exercise of the discretion to order a closed...

7. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...be some archaeological items in the area from precious inhabitants of the area, while going to note that the area is also one of the oldest continually inhabited areas in New Zealand in archaeological terms. 34. I agree with MI Ltd that these statements fall short of any definitive information about the requirement for Heritage NZ to be extensively involved, or that there would be a requirement for Heritage NZ to be involved even without discovery of an archaeological nature. Read wit...

8. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...focuses firstly on some of the philosophical and ethical issues involved in Mäori researchers carrying out research with Mäori participants within the constraints and conventions of state-commissioned research. Particular ethical issues in relation to consent processes and whänau expectations are discussed. This is followed by a description of the methods used that were specific to these case studies. A number of themes emerged from the case studies, and these themes are discussed in some...

9. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...who are now no longer around to say otherwise. Furthermore, the accusation made by the applicant that Paki stopped the applicant from visiting her mother at the Rest Home was not correct, as the Rest Home allowed such visits. She concluded with the statement that the applicant did not want to confront her father or her Aunt Oriwa. “Rather, she waited for everyone to die, and then came in after.” [21] Mr Kahukiwa referred this witness to a copy of the Memorandum of Transfer fro...

10. Richard Mayer v Complaints Assessment Committee 304 [2017] NZREADT 44 [pdf, 236 KB]

    ...documentation. She submitted that the Committee was not under any obligation to contact Mr Mayer’s witnesses, especially where the evidence Mr Bell could have provided would be little more than opinion. Ms Anderson submitted that Mr Mayer’s statements as to the evidence Mr Bell could have given is not a sworn affidavit, or a statement from Mr Bell himself and, as such, could be given little weight. [26] Finally, Ms Anderson submitted that Mr Mayer’s complaint was appropriate...