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1. Te Rununga o Ngati Hine - Determination of dispute between Te Rununga o Ngati Hine and Te Rununga a Iwi o Ngapuhi (2011) 28 Taitokerau MB 217 (28 TTK 217) [pdf, 216 KB]

   ...trustee or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Court...

2. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...being undertaken is rapidly evolving, both within New Zealand and overseas. 2 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2017] ERNZ 835 (footnotes omitted). Not disturbed on appeal by the Court of Appeal: LSG Sky Chefs New Zealand Ltd v Prasad [2018] NZCA 256. [32] The Court observed that labour-hire arrangements (which it was concerned with) were part of the evolution of work in New Zealand and the way...

3. BORA Policing Bill [pdf, 415 KB]

   ...linked to the objective of clause 32. 47. In considering the proportionality, we consider broadly whether the limits place on sections 21 and 22 of the Bill of Rights are reasonably proportionate to the objective of clause 32. 48. The Court of Appeal in Moulton v Police stated that[18] "Of course it does not follow that, in the guise of asking for particulars, the police may delve into a person's past. In a sense, details of a person's schooling, employment record, succ...

4. Deputy Registrar - Utakura 7 Block (2010) 7 Taitokerau MB 71 (7 TTK 71) [pdf, 115 KB]

   ...Town Board [1917] NZLR 936 the Supreme Court held that the failure of a Town Board to comply with mandatory provisions under the Public Works Act 1908 rendered a proclamation invalid. In Boyd v Mayor of Wellington [1924] NZLR 1174 the Court of Appeal concluded that the Gazette containing the proclamation was conclusive evidence that the proclamation had been properly and validly issued and that upon registration under the Land Transfer Act, indefeasible title arose. In Upper Hutt Ci...

5. Mehrtens v Accident Compensation Corporation (Revocation, Suspension) [2023] NZACC 8 [pdf, 287 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 80 ACR 178/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROBYN MEHRTENS Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 April 2023 Heard at: Christchurch/Ōtautahi Appearances: Mr S Macann for the Appellant Mr J Coats and Ms A Lane for the Respondent Judgment:...

6. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

   ...guidance about important features of their employment relationships. Interpretation of collective agreements [25] The correct approach to interpreting collective agreements has been addressed most authoritatively and recently by the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc. 12 The Court followed the judgments of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd 13 and what it described as a series of importan...

7. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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 that...

8. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...‘tough on crime’. In respect of (a), the independence of the judiciary is a fundamental pillar of our constitutional arrangements. Judges must be taken to uphold the law. If there is concern that a decision has not upheld the law, there are appeal pathways available to the Crown. Regarding (b), the research referred to by the Cabinet Paper circulated with the Bill indicates that this is not the case.3 Regarding (c), this is not a matter for the Law Society to comment on. However,...

9. [2025] NZREADT 05 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (17 February 2025) [pdf, 242 KB]

   ...principles identified by Wylie J in light of the Act’s purpose:10 (a) The Tribunal is given power to strike out a “proceeding”. That word is not defined in the Act, but I accept Mr Hodge’s submission that the power to strike out extends to appeals from Committee decisions to take no further action on complaints, whether pursuant to s 89(2)(c) or s 79(2)(a). (b) Before the power to strike out can be exercised, the Tribunal must be satisfied that one or more of the jurisdictional...

10. 2021 archive

    ...Zealand at Alert Level 2, and the advice provided on 8 September 2021 also remains the same. Thank you again for your continued cooperation. Clarifying processes for managing body samples taken during a post mortem 30/09/2021 - In response to the Court of Appeal decision in Milner v R [2019] NZCA 619, the Ministry of Justice has made changes to how post mortem samples are managed.    When charges filed in relation to a death, the control over samples will pass from the coroner to...

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