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1. Taipari v Hauraki Maori Trust Board (2008) 114 Hauriki MB 34 (114 H 34) [pdf, 1.6 MB]

   ...transferred to the JMIO. Thus Te Ohu is the Trustee for the iwi ofHauraki collectively. DAVID TAIPARI, WILLIAM PETERS, PAHI TlJPUHl AND JOHN TAMlHERE V H-;::'~ TRUST BOARD MLC A20070008668 [30 April 2008] 114 Hauraki MB 34-75 114 Hauraki MB 61 [101] The Trust Board has a legal status recognised under the MFA as a Recognised Iwi Organisation ("RIO"). It is listed as such in Schedule 4 of the MFA pursuant to section 27. Section 27(3) provides that a RIO has all the f...

2. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...counsel, to come up with a “Plan B” response to the complaint if the court decisions continued to go against her. As discussed later, the issue of negligence in the 90-day period calculation was not determinative of the conduct complaints. [101] Fourthly, at the hearing, the applicant’s submissions on this aspect were more focused on the Committee failing to accommodate her personal circumstances. In her words, expressing a consistent theme in her submissions at the review hear...

3. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 8.4 MB]

   ...life-time wellbeing and chances of success. One in seven children report being exposed to family violence, and family violence accounts for nearly half of all referrals received by Oranga Tamariki. Violence affects children and young people’s: 10.1 ability to learn: they have poorer educational outcomes; 1 The term ‘family violence’ encompasses all types of violence between family members. Sexual violence is often one of t...

4. Hay v Dodds [pdf, 235 KB]

   ...the construction work under these circumstances must fail. The claims that Mr Dodds was in breach of his duty to subsequent purchasers for his design work must fail on the grounds of the limitation defence. 10. THE DEVELOPER – MR LEE 10.1 The Owners are claiming that Mr Lee was the owner of this property at the time the dwelling was constructed, and that Mr Lee organised and managed the development, construction and subdivision of the property. Their particular claims are...

5. Director of Human Rights Proceedings v Netsafe Inc [2022] NZHRRT 15 (Removal of Certain Redactions After Appeal Period) [pdf, 511 KB]

   ...(Facebook) to seek removal of any posts specified in Mr Z’s complaint. This is relevant to the question of whether Netsafe took steps to resolve Mr Z’s complaint, including how perceived confidentiality obligations were managed when doing so. [101] There is no evidence that Netsafe contacted Facebook. Nor is there any evidence that Netsafe sought Mr Z’s consent to sharing any specific information with Facebook. Any such exchanges would have been recorded in the Zendesk system. T...

6. [2014] NZEmpC 25 Law Ors v BOT of Woodford House Ors [pdf, 518 KB]

   ...required between 11 pm and 7 am with one of those three being designated as “on call” at the weekends. In practice, such recourse to management was rare with almost all incidents able to be dealt with effectively by the matrons in the hostels. [101] Iona College expected its matrons to report daily in writing and orally to its director of boarding who, in turn, was to report daily to the deputy principal, deans or principal, and formally on a weekly basis to the principal. Iona...

7. Putman v Jenmark Homes Ltd [pdf, 230 KB]

   ...not having been formed to some joints as recommended practise by Harditex. 5.9.2. That issue was not canvassed at the hearing but there seemed to be no disagreement with the assessor's comments. 5.10. Offset Sheet Joints 5.10.1. The Harditex Technical Information (fig 13, p10) requires that where sheets are installed more than one full sheet in height, the sheets for the upper portion or storey are to be offset from those in the lower portion or storey. 5....

8. Tata v Katipa - Waiwhakaata 3E4C Lot 2A [2018] 170 Waikato Maniapoto MB 123 (170 WMN 123) [pdf, 692 KB]

   ...appropriate to engage someone to undertake an assessment of the work required. However, the first respondents had to act prudently at all times, ensuring that the payment of funds was properly approved, was justified, and was accounted for. [101] I have already found that the first respondents breached their obligations engaging Mrs Martin to undertake the feasibility study. There is also little evidence demonstrating that there were proper processes and procedures in place concer...

9. Horrell v Banyan Pacific Capital Ltd [2023] NZHRRT 35 [pdf, 361 KB]

   ...underpinning the Privacy Act itself. It would undoubtedly be expedient for Naturalwear to be able to collect information from the Cancer Society database or from Medivex but that is not the meaning to be given to “necessary” in r 1 of the HIPC. [101] We agree with Ms Horrell that it was not necessary for Naturalwear to collect from either the Cancer Society or from Medivex to market its services to prospective customers. We find that r 1 was breached. Was there a breach of ru...

10. LCRO 91/2017 DV v LS and HS (19 December 2018) [pdf, 415 KB]

    ...individual lawyers who had worked on their files and to inquire into the conduct of those lawyers. Administratively the Complaints Service allocated separate file or complaint numbers to each of the four lawyers and corresponded separately with each. [101] The Committee then produced one decision document which noted the four file numbers and set out separate determinations for each of the four lawyers. [102] The only lawyer against whom findings of unsatisfactory conduct were made,...