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1. MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) [pdf, 276 KB]

   ...overcoming intractable differences between owners and their whānau even though those in support of the partition are only in the minority in number or shareholding. In other cases a clear majority in support will be required. [61] Citing this statement in Ngatai v Charmaine – Matakana 1A7A Block, the Māori Appellate Court noted that “sufficiency depends upon what the applicant is trying to achieve and what problems the overall land-owning community are seeking to solve.” C...

2. Retemeyer v Loloa - Estate of Tahuaka Waipouri (2016) 129 Taitokerau MB 288 (129 TTK 288) [pdf, 363 KB]

   ...following characteristics of Tuhoe tikanga that would apply to tamariki “whangai”. 1. The “whangai” would be invariably a blood relative of the adopting parent. 2. The hapu, and perhaps to a lesser exten[t], the iwi, would need to give consent in some situations and providing that “whangai” remains with the adopted hapu that “whangai” would be entitled to share the hapu lands. If there were other relatives, the “whangai” would share in the succession to whanau/...

3. Reti v Reti-Steel-Hemaima Reti [2023] Māori Appellate Court MB 274 (2023 APPEAL 274) [pdf, 363 KB]

   ...the Court’s attention when raised by Mr Taurima at the first hearing in July 2009. The questions raised by Mr Taurima at that time were legitimate having regard to the fact that Te Ruapani had succeeded to his biological father and in light of statements he had made at the time of Hemaima’s tangi. Granting the request for an adjournment so the whānau could have further discussions was appropriate. It was also appropriate to adjourn so that Te Ruapani’s views could be sought a...

4. Guide for Policy and Legal Advisors

   ...punishment. Section 9 of the Bill of Rights Act Section 10: Right not to be subjected to medical or scientific experimentation This provides that every person has the right not to be subjected to medical or scientific experimentation without that person’s consent. Sections 10 and 11 are similar, but distinct. Section 10 relates to medical experimentation. Section 11 relates to medical treatment without, for example, a component of research or information-gathering. Section 10 should be consi...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

5. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...participation is questioned in light of research evidence, as is the manner in which the role is currently conducted in a ‘one size fits all’ approach. In FDR, the right of the child to participate is also constrained as it requires dual parental consent before a child consultant can be appointed. A mixture of professionals is used to facilitate children’s participation from counsellors, and social workers to therapists and lawyers (who are approved as lawyer for the child)....

6. NZ Core document [pdf, 1.1 MB]

   GE.11-41617 (E) 240311 Core document forming part of the reports of States parties New Zealand* [30 September 2010] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translations services. United Nations HRI/CORE/NZL/2010 International Human Rights Instruments Distr.: General 11 March 2011 Original: English H

7. Paul and Clare Dolheguy v CAC303 & Sonia Stott [2015] NZREADT 27 [pdf, 225 KB]

   ...can often be the biggest purchase of their lives”. [71] The case of McCarthy v REAA and Matutinovich [2014] NZREADT 94 involved non-disclosure of proposed mining activity in Waihi. In finding unsatisfactory conduct we addressed the issue of misstatement by the agent being an innocent one. 12 “[27] We have found that [the agent] did make the statement [the purchaser] complained of. We make this finding despite the fact that the misstatement was innocent. The Rule is clea...

8. McMeeken and Anor v CAC306 & Ors [2015] NZREADT 79 [pdf, 224 KB]

   ...that its legal advice was that the documents delivered by Mr Thow were not valid and to proceed with the auction. The ASB also then informed Mr Murray that Mr Thow had served a similar notice on it in Queenstown. [29] Mr Murray then made standard statements about the particulars and conditions of the auction which then proceeded. In due course, the mortgagee bank authorised that the property was on the market at the particular level of bids and the property was sold to the second res...

9. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...dog. [30] Ms Nicholson seemed to be saying that the defendant was deficient in the normal appraisal process he would have taken before listing the property. The Investigator Mr G M Gallacher [31] The evidence of Mr Gallacher was adduced by consent in terms of his signed and typed brief of 26 February 2013. In particular, Mr Gallacher adduced supporting correspondence and documentation and the said builders’ reports. He noted that on 23 March 2012 the defendant had advised him b...

10. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

    ...Martin remembered discussions with a real estate agent mentioning that Mr Colvin had spent money changing the status. She also said that the issue of status was never raised by their solicitor. She said:11 Marie Martin: Well we just took the statement from the land agent at face value and assumed that the lawyer who did the conveyancing would pick anything up, would pick up the fact that it wasn’t. [50] I note that all of that evidence was hearsay. Furthermore Mr Colvin did not...