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1. Reti - Succession to Jemima Reti [2020] Chief Judges MB 1243 (2020 CJ 1243) [pdf, 335 KB]

   ...flaw identified, either through the production of evidence not available or not known at the time order was made or through submissions on the law. 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1250 Issue [15] The issues to determine in this case are: (a) Was an error made in fact or in law or in the presentation of the evidence to the Court which led to an error in the order compla...

2. Green v New Zealand Police (Jurisdiction) [2019] NZHRRT 15 [pdf, 193 KB]

   ...(Strike-Out Application) [2018] NZHRRT 13. Unlike the plaintiffs in those cases, there is no attempt here to “leapfrog” 6 the OPC by trying to get around the statutory scheme in which a claim is first investigated by the Commission before an appeal is heard by the Tribunal. [30] The plaintiff also argues that under PA, s 83 the Tribunal has jurisdiction if the OPC has concluded that the complaint does not have substance. Her position is that it must be assumed that the OPC...

3. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...of the 8 factors for that is we are not convinced that the complainants are particularly out of pocket because of the conduct of the defendant. [29] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms J Robson Member ______________________________ Mr J...

4. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...dispute this. [13] It is therefore appropriate for me to exercise my jurisdiction, in the interests of justice, to correct those errors. 2 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 286 Orders [14] Accordingly, I make the following orders pursuant to Te Ture Whenua Māori Act 1993: (a) Section 44(1) amending the succ...

5. Auckland Standards Committee 5 v Hong [2019] NZLCDT 28 [pdf, 132 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2019] NZLCDT 28 LCDT 004/19 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND BOON GUNN HONG Respondent CHAIR Judge BJ Kendall (retired) MEMBERS Mr S Hunter Mr D Scott Ms P Walker Mr I Williams DATE OF HEARING 30 September 2019 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 11 October 2019 C

6. Auckland Standards Committee 4 v O'Boyle [2021] NZLCDT 27 (29 October 2021) [pdf, 170 KB]

   ...other cases. 10 Orders [35] Ms O’Boyle is suspended from practice for a period of six weeks. The period of suspension will commence on Saturday 18 December 2021 and conclude on Saturday 29 January 2022. If Ms O’Boyle’s appeal about these disciplinary matters is unlikely to be heard before this period, she may apply on seven days’ notice to vary the dates. [36] Ms O’Boyle must pay each of the two complainants the sum of $3,000 (total of $6,000) by 31 M...

7. 15 May 2020 Summary of Justice Budget Initiatives for Stakeholders [pdf, 260 KB]

   ...injustices, following fair and transparent processes. This investment will fund the operation of the newly established Criminal Cases Review Commission from 1 July 2020, as required by the CCRC Act 2019. The CCRC can refer cases back to the Court of Appeal, but it does not determine guilt or innocence. This additional check and balance will help build public confidence in the justice system. 8 Honouring our responsibilities to Māori (Vote: Treaty) Implementat...

8. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...they lack an air of reality in what was going on. Mr Young needed walls. Mr Young arranged for people to do it. To now say that makes him a contractor or a developer is in my judgment to miss the import of the distinction which the Court of Appeal was drawing in Mt Albert Council.” [92] In the recent High Court decision of Findlay Family Trust21 Ellis J cited the above passage in finding that Mr Findlay’s role was on all fours with that of the owner in Mowlem v Young and...

9. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...Ministerial Review of the Foreshore and Seabed Act 2004. [1] 7. The law governing ownership of and rights to the marine and coastal area (previously termed the ‘foreshore and seabed’) has been highly contentious and divisive. Until the Court of Appeal decision in Ngāti Apa, [2] it was widely believed that any Māori customary title to the marine and coastal area had been extinguished by various pieces of legislation, and in accordance with Re the 90-Mile Beach. [3] 8. In Ngāti Ap...

10. VM v ND & HB LCRO 249/2012 (30 November 2015) [pdf, 329 KB]

    ...consideration by the Standards Committee, and the award of $3,000, on the basis as set out by the Committee. Censure [40] Mr VM queries what a censure “entails”.11 At the review hearing, referred Mr VM and Mr YK to comments made by the Court of Appeal in New Zealand Law Society v B as to the nature of a censure. In discussing the nature of a reprimand or censure, the Court said:12 Both words envisage a disciplinary tribunal, here a Standards Committee, making a formal or off...