Search Results

1. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

   ...relation to non-access easements, such as in the case of the present water easement. I discussed this issue in my decision in Smith – Ohuirua No 2. 7 The approach I took in that decision was upheld by the Māori Appellate Court in the subsequent appeal. 8 More recently, I discussed the approach the Court should take in assessing the level of owner support for an electricity easement in Top Energy Limited – Whakataha Z1C. 9 I concluded in that decision that the approach taken...

2. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...Law of Contract in New Zealand (2nd Edition) at 14.3.1. [31] A voluntary transaction is treated differently. It need not be shown that the other party knew of the person’s mental incapacity. In Scott v Wise [1986] 2 NZLR 484 the Court of Appeal ruled that voluntary transactions will be avoided at the instance of the donor or his representative once lack of capacity is established unless there is some equitable defence (page 493). In Dark v Boock [1991] 1 NZLR 496 the High Cou...

3. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:16 … 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...

4. Puohotaua v Paranihi - Rakato and Part Rakato B Maori Reservation (2024) 487 Aotea MB 53 [pdf, 298 KB]

   ...appointment until 2023. If she had known about the appointment she submits that she would have objected. No reasons were given as to why she would have objected. 10 Henderson v Brooking – Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) at [28]. 11 Section 240(1)(b)(i) and (iv) of the Act. I note that s240(1)(b)(i) of the Act deliberately uses the word “repeatedly” suggesting that any evidence of refusing or failing to act, must be more than a one off. The...

5. [2011] NZEmpC 31 Ravnjak v Wellington International Airport Ltd [pdf, 262 KB]

   ...rapid technological development of which the general field of photography, both still and moving, is a prime example. [27] As Mr McBride submitted, courts take account of these realities. In Frucor Beverages Ltd v Rio Beverages Ltd 2 the Court of Appeal noted: … the Court should strive to arrive at a meaning which gives effect to [Parliament’s] intention. The principles of interpretation which assist the Courts in that exercise are well established. They reflect commonsense...

6. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [12] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:11 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

7. [2019] NZEmpC 193 Ikundabose v McWatt Group Ltd [pdf, 214 KB]

   ...basis, whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. In Grace Team Accounting Ltd v Brake, the Court of Appeal affirmed the Employment Court’s finding that it is appropriate for the Employment Court to consider the genuineness of the redundancy. It defined “genuine” as meaning that the decision is based on business requirements and...

8. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

9. LCRO 34/2018 GR v [Area] Standards Committee [X] [pdf, 199 KB]

   ...of review [42] The nature and scope of a review have been discussed by the High Court, which has said of the process of review under the Act:11 … 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 p...

10. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

    ...of the employment relationship. It usually involves the employer's ability to trust and place confidence in the person. Serious misconduct may include, but is not limited to the following examples of behaviour … [37] As the Court of Appeal noted in BP Oil New Zealand Ltd v Northern Distribution Union, in relation to serious misconduct that would justify summary dismissal: 5 Definition is not possible, for it is always a matter of degree. Usually what is needed is cond...