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1. Justice Sector prison population Forecast March 2009 update [pdf, 143 KB]

   ...observed patterns in the data. This usually means that the monitor will appear towards the end of the second month after the date on the front page – e.g. the January report will appear towards the end of March. The outcome of cases may change due to appeals, and so the latest data points should always be regarded as provisional. Graph conventions Unless otherwise stated: � Thin solid lines: actual numbers. � Thick solid lines: 12 month moving average of actual numbers. �...

2. Rupapera v Katene - Ngāti Tu 22D Trust (2008) 209 Aotea MB 25 (209 AOT 25) [pdf, 2.2 MB]

   ...the second respondent is holding the properties in some fiduciary capacity or as agent for the beneficial owners. [24 J That said, regarding injunctions at least in A !tomey-General v }'1aOJi Land COUJ1 [1999J I NZLR 689 at 699 the Court of Appeal stated that sections 19 and 20 refer to granting injunctions and the recovery of land, and that "[b Joth sections apply to Maori freehold land only." Accordingly, the ability of this Court to secure the both assets and recor...

3. Memorandum of counsel for Waka Kotahi NZ Transport Agency 30 April 2020 [pdf, 231 KB]

   ...supporting the Te Āpiti Trustees since summer 2018, including involving them in Project design workshops. (c) Five such submitters – DOC, Forest & Bird, QEII, Meridian, and Tararua District Council – were involved in subsequent designation appeals to this Court. Counsel for the Transport Agency have kept counsel for those submitters advised of the proposed timetable for this direct referral process. (d) All submitters wishing to be heard have long had the ability to take...

4. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...deny Mr Twigley the opportunity of practising the profession for which he is qualified. The exercise of looking forward, while having regard to the applicant’s past conduct is well expressed in the leading case of Lundon,8 in which the Court of Appeal observed that if a restoration applicant: …relies on a subsequent career of honesty he must show long- continued honesty in circumstances of temptation and opportunity comparable with those which surround the practice of the law.9...

5. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   ...them out had been “pre-determined”. [12] The difficulty with the pleadings and submissions relating to these matters is that they deal with issues which are not part of the unjustified dismissal grievance before the Court. As the Court of Appeal noted in Waikato District Health Board v 3 [2011] NZERA Wellington 149 at [5]. Clear, 4 s 114(1) of the Employment Relations Act 2000 (the Act) provides that a personal grievance...

6. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...earlier position that such evidence was only admissible when the words of the agreement were ambiguous or unclear. Indeed, the current state of the law appears to be that in all cases such reference is possible and even desirable. The Court of Appeal has developed the following approach in contract cases. One looks first at the words used — they must obviously be the starting point — and then at the surrounding circumstances to make sure that the first impression of the meaning...

7. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...thinks reasonable. [25] The usual position adopted by this Court in costs, once it is accepted that they should follow the event, is to make an award of two thirds of reasonable and actual costs incurred. That is confirmed by the three Court of Appeal authorities earlier mentioned. 8 The principles applying have more recently been confirmed in Belsham v Ports of Auckland Ltd. 9 [26] I have already indicated that I am not prepared to accept the plaintiff’s submissions in resp...

8. [2013] NZEmpC 221 Bali v SRG Holdings Ltd [pdf, 79 KB]

   ...action on the part of the defendants have been filed. [19] One thing which emerged during the course of the hearing is that Mr Bali currently has no permit to remain in New Zealand but is entitled to stay here at the moment as a result of pending appeals in respect of decisions made on his residence application. Apparently, the outcome of these proceedings in the Employment Court may be material to the outcome of those other proceedings. A belated attempt was made by the defenda...

9. Smith - Nuhaka 2A4A9Y2 (2023) 122 Tairāwhiti 192 (122 TRW MB 192) [pdf, 322 KB]

   ...shows that the applicant has 135.81652 shares in support out of 989.00000, amounting to 13.73% (rounded to the second decimal) of total shares. 2 MacDonald v MacDonald – Wairau Block XII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 APPEAL 259) at [64]-[66]. 122 Tairāwhiti MB 202 [35] There are also 5 owners out of 25 owners supporting the application amounting to 20% of owners. [36] There are also five out of 25 owners opposed to the application, holding...

10. Potaka - Lots 37-49 DP 34051 Waipapa 1J5 (2008) 216 Aotea MB 266 (216 AOT 266) [pdf, 2.3 MB]

    ...the Act declaring the applicants owners in the land in equal shares. Therefore, the land has the status of Maori freehold land today. For completeness I note that if those orders were to be disturbed then three options were available: rehearing, appeal or revIew. [12] It is undisputed that the land acquired from the Crown for public works was Maori freehold land. It is also not in dispute that there was no condition in the agreement between the Crown and the applicants as to the sta...