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1. Horowhenua 11 (Lake) Part Reservation Trust v Taueki - The Horowhenua 11 (Lake) Block (2015) 343 Aotea MB 254 (343 AOT 254) [pdf, 284 KB]

   ...matter be set down for hearing at the next available court at Levin on 19 March 2015. Ms 4 Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107). 5 306 Aotea MB 175 (306 AOT 175) at [71]. 343 Aotea MB 258 Johnson subsequently sought a teleconference because the Trust was concerned to have the matter addressed as soon as practicable for the following reasons: a) T...

2. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...between them at the time should be that of employer and independent contractor, such salespersons are deemed for all purposes to be engaged by the agent under a contract for services. [54] Section 51A was enacted in 1992 in response to the Court of Appeal decision in Challenge Realty Ltd v Commissioner of Inland Revenue1 in which it was held that, principally because commission only real estate salesmen were controlled by their employers, they were employees rather than independent...

3. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...practises or guidelines. It has, however, been consistent in its statements of general principle that the inquiry for the court is whether the punishment is within the limit fixed by the legislative provision.[5] 14. The United Kingdom Court of Appeal has consistently rejected the argument that Article 7 is breached where there is an increase in judicial sentencing levels: R v A and W [2001] 2 Cr App R 275 (CA); R v JJC 24 September 2001 (CA); Twisse [2001] 2 Cr App R 37. Two rationales...

4. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...The case for the defendants [51] The principal points made by the defendants were: [51.1] The recusal application is a collateral challenge to the interim order decision of the Tribunal given on 8 February 2012, a decision which was neither appealed by Mr Deliu nor made the subject of judicial review proceedings. [51.2] It was not necessary for the Tribunal in its interim order decision to recite in detail the evidence of Mr Deliu and the copious materials he has produced. [51.3]...

5. Pokere v Bodger - Ōuri 1A3 (2023) 466 Aotea MB 120 (466 AOT 120) [pdf, 356 KB]

   ...and asbestos removal are not properly claimable. (h) If an award of costs is to be made, counsel invites the Court to make 466 Aotea MB 124 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). tā te Kōti e tuku ai i runga anō i te tika me te pono. Ko tā te ture [7] Ko tā tekihana 79 o te Ture Whenua Māori 1993 (“Te Ture”) he tohu i te Kōti ki ngā mana e taea ai te tākoha atu ngā utu. [8] Ko ng�...

6. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A...

7. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 84 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule of the Act in relation to the Proposed Invercargill District Plan DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-CHC-91 ) POWERNET LIMITED (ENV-2016-CHC-92) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND (ENV-2016-CHC-99) TRANS POWER NZ LIMITED (...

8. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...as a trustee. (2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [22] In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court’s powers under s 238 of the Act: 15 …Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Mäori Land Court by s 237, the Mäori Land Court has wide supervisory...

9. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...scope of review [57] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

10. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

    ...Defendant Judgment: 9 April 2009 JUDGMENT OF JUDGE B S TRAVIS [1] Almost 4 years since his dismissal, and after a full Court decision allowing him to call evidence of being dismissed in the course of a mediation1, and a successful appeal to the Court of Appeal by the defendant preventing that evidence from being led2, the plaintiff’s personal grievances have finally been heard on the merits. The plaintiff’s grievances were removed for hearing to the Employment Cou...