Search Results

1. Bratton v Le Lievre - Muriwhenua Incorporation [2017] Māori Appellate Court MB 131 (2017 APPEAL 131) [pdf, 239 KB]

   ...clause) of the LTO was not yet certain and his interpretation as against s 150B(1)(b) of the Act are incorrect. Counsel maintains that the LTO comes within the definition of long- 12 Ibid at [101] 13 Le Lievre v Muriwhenua Incorporation – Muriwhenua Incorporation (2016) 123 Taitokerau MB 240 (123 TTK 240) at [97] to [99] 2017 Maori Appellate Court MB 136 term lease as it has the potential to run over 52 years with the e...

2. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   ...matters in the preceding section of this decision, but we acknowledge that those matters and peoples' perceptions of and concerns as to those matters spill over into the social, economic and cultural aspects which we now discuss as well. [101] Expert evidence on the social impacts of the proposal was provided by Ms A J Linzey for the Minister and Mr R J Quigley for the Council. Ms Linzey was the co­ author of the SIA identifying and analysing the potential social consequences o...

3. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

   ...There were various qualifications relating to the performance guarantee. [9] The immigration work involved arranging temporary visas for Mr Balich and his family, in addition to seeking residence. [10] Mr Balich’s complaint has two elements: [10.1] There were number of errors and mistakes in progressing Mr Balich’s immigration applications. [10.2] He was entitled to a refund of fees, and Mr Standing failed to honour that. [11] The complaints Mr Balich makes regarding incorrect a...

4. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE25849450/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/search-and-surveillance-bill-1#14-see-notably-r 28. It follows that while the issue is, in my view, reasonably finely balanced, the restriction on interim relief does not preclude an effective remedy. Accordingly, no inconsistency arises. Privilege against self-incrimination 29. Clauses 101(5), 125 and 132 of the Bi...

5. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [pdf, 197 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z v Dental Complaints Assessment Committee at [97], [101]–[102] & [112]. 8 ASSESSMENT [41] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due c...

6. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...is truly definitional, in that it defines who is Māori. It is, however, somewhat circular. The second part is supplementary to the true definition, in that it includes a descendant of anyone who satisfies the true definition. 447 Aotea MB 101 (b) Second, is it is defined in the singular. It applies to a particular person, including a descendant (singular) of that person. It is not defined in the plural. Put another way, it does not itself define a class or group. (...

7. AQ v ZI LCRO 105 / 2010 (11 February 2011) [pdf, 106 KB]

   ...be any costs order in respect of the Standards Committee hearing. I wish to record that this should not be any way considered to set a precedent to be followed by the Standards Committees in future where breaches of the Rules are considered. [101] The matter was of average complexity, and proceeded as a hearing on the papers. In accordance therefore with the LCRO Cost Orders Guidelines, the Respondent will be ordered to make payment of the sum of $1,200.00 on account of costs....

8. ZQI v DI [2013] NZIACDT 70 (24 October 2013) [pdf, 170 KB]

   ...inter partes considerations. [100] It is evident the complaint before the Tribunal has not been subject to the proper statutory process. As matters stand, the complaint is a very serious complaint of dishonesty, but wholly unsupported by facts. [101] It is evident this situation may have arisen as the Registrar has mistaken his statutory obligations; it maybe that the complaint should not have been referred, or there may be facts the Tribunal is not aware of that justify the complaint....

9. LCRO 176/2022 SP v AQ (15 August 2023) [pdf, 313 KB]

   ...endeavour to have the parties reach agreement. However, Ms SP advised that she did not feel comfortable in Ms AQ’s presence. This somewhat detracts from her objections to the Committee failing to offer mediation. Respect and courtesy [73] Rule 10.1 of the Conduct and Client Care Rules provides: A lawyer must, when acting in a professional capacity, treat all persons with respect and courtesy. [74] Ms AQ complained that Ms SP had been “extremely rude”. She acknowledges tha...

10. Amoroa - Omuriwaka Māori Reservation (2017) 163 Waiariki MB 93 (163 WAR 93) [pdf, 242 KB]

    ...assessed in a monetary sense then there would most likely be a debt owed to Tania from Omuriwaka, as her personal koha has a greater value than the debt. This matter is hereby laid to rest unless further mitigating factors arise. 163 Waiariki MB 101 [34] Tania Mihinui is not a responsible trustee. From the evidence before me I gather that she is or was a member of Omuriwaka Incorporation. Tania was present at the March hearing. Matters concerning the misappropriation of...