Search Results

1. BORA Social Assistance (Living Alone Payments) Amendment Bill [pdf, 355 KB]

   ...olds may also qualify for some benefits. 8. Clause 14 of the Bill provides for a savings provision for persons receiving the LAP under s 13 of the principal Act immediately before the commencement of this section on the basis of the Social Security Appeal Authority’s decision [2009] NZSSAA 38 (19 June 2009) if, and as long as, there is no change in the person’s circumstances affecting the person’s entitlement to the LAP. The recipient referred to by MSD was the appellant in the SS...

2. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...In this case a further consideration is the Court’s ability to take into account the content of affidavits filed by Air NZ in support of its application to strike out parts of the statement of claim. In Attorney-General v McVeagh the Court of Appeal held that a court is entitled to receive affidavit evidence on a strike out application and may 3 Employment Court Regulations 2000, reg 6(2)(a)(ii); High Court Rules 2016, r 15.1. 4 Se...

3. Nikora v Trustees of Te Uru Taumatua and Te Komiti o Runga (2019) 221 Waiariki MB 200 (221 WAR 200) [pdf, 282 KB]

   ...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 Māori Trustee. http://www.legislation.govt.nz/act/public...

4. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...Perenara v Pryor – Matatä 930, [2004] 10 Waiariki Appellate MB 233 (10 AP 233); Marino – Repongaere 4G (Part) [2004] 34 Tairāwhiti Appellate MB 98 (34 APGS 98); Apatu v Puna – Owhaoko C1 and 2 [2010] Mäori Appellate Court MB 34 (2010 APPEAL 34). 22 Takitimu MB 128 [23] It must be obvious that the trustees should never have allowed this situation to arise. It is their duty to know their terms of trust, to act prudently and to protect the assets of the trust. By failin...

5. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...this Court. That would cut across the legal rights of the current owner of the land in manner beyond the contemplation of the relevant provisions of the legislation. Doubtless the granting of the application would also provoke judicial review or appeal proceedings on the grounds that the Court would have acted outside of its jurisdiction and without the consent of the owner of the land. It is difficult to see how either possibility might assist the applicant. [25] The only other...

6. Jahnke – Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274 (38 TRW 274) [pdf, 291 KB]

   ...3 50 Ruatoria MB 6 (50 RUA 9). 4 51 Ruatoria MB 167 (51 RUA 167). 5 55 Ruatoria MB 162 (55 RUA 162). 38 Tairawhiti MB 277 notwithstanding the making of the orders those unhappy with the order could apply for rehearing or an appeal. [10] The applications came before the Court again on 30 August 1999. 6 Judge Isaac accepted John Dewes oral application for a rehearing of Harata’s partition and adjourned his occupation application. [11] On 31 August 1999 7 , t...

7. YM v RP LCRO 238/2012 (31 March 2016) [pdf, 54 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [19] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

8. DH v EJ LCRO 207/2014 (13 April 2015) [pdf, 62 KB]

   ...evidence. The statutory power of review is much 3 Lawyers and Conveyancers Act, s 12(b). 4 Section 12(c). 5 Application for review (24 September 2014) at [16]. 6 At [17]. 4 broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing [16] Mr DH attended a review hearing in Auckland o...

9. Wyllie - Whatatuna 11 (2022) 110 Tairawhiti MB 64 (110 TRW 64) [pdf, 233 KB]

   ...point as follows:7 5 Te Ture Whenua Māori Act 1993, s 288(2). 6 Neal - Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) at [30]. 7 MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Maori Appellate Court MB 259 (2016 APPEAL 259) at [62]. 110 Tairawhiti MB 70 [I]n most circumstances where an application for partition is opposed the support for the application will need to outweigh the opposition before there can be said to be ‘sufficient support...

10. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

    ...complaints can be resolved quickly and efficiently. The proposal will enable the Commissioner to make decisions on complaints relating to access to information, rather than the Human Rights Review Tribunal. The Commissioner’s decisions can be appealed to the Tribunal. This implements a recommendation of the Law Commission. 5 Other proposals The Government has also agreed to a number of other proposals, including: • creating new offences relating to misleading an agen...