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1. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...access to 1B, B2 and European land to the east of B2 was declined. 10 Another application was brought by Taimoana Turoa, one of the then trustees of B2, in 1986. This was the decision that was declined by the Māori Land Court in 1989. 11 An appeal to the Māori Appellate Court was also dismissed in December 1989. [28] The Māori Land Court’s reasons for dismissing the application were referred to earlier in this judgment. As set out in Mr Smith’s evidence, the circumsta...

2. LCRO 130/2022 FN v EO (31 October 2023) [pdf, 261 KB]

   ...Mr FN and counsel, Mr JL. Ms EO did not exercise the opportunity to attend. Nature and scope of review [53] The High Court has described a review by this Office in the following way:22 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

3. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...submitted as an alternative, if KSP433 was not an express term of the agreement, that it was an implied term requiring the defendant to pay out the benefits under that policy and could not be deleted unilaterally. [47] Mr Kiely addressed the Court of Appeal’s tests for implication of terms in Attorney-General v NZ Post Primary Teachers’ Assn [1992] 1 ERNZ 1163 which found such terms could be: implied by rules of law; implied from the express terms of the contract; implied b...

4. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...enacted, therefore provides a ground, established by law, by which a person may be deprived of their life. 27 At [64]. For example, in Shortland v Northland Health Ltd [1998] 1 NZLR 433 the Court of Appeal held that the Northland Health Board could not be compelled to continue renal dialysis treatment, without which Mr Shortland would die, because the decision to discontinue dialysis was consistent with prevailing medical practices....

5. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

   ...1 Nisha v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 171, (2015) 13 NZELR 185. 2 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 77. 3 Nisha v LSG Sky Chefs New Zealand Ltd [2016] NZEmpC 166. [9] On 2 May 2017, the Court of Appeal declined leave to appeal the findings made in Interlocutory Judgment (No 22). 4 [10] Soon after, a telephone directions conference was convened on 11 May 2017, so that the cost issues could be timetabled for resolution. As a result...

6. Directory of Official Information 2019 G-I [pdf, 1.1 MB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...

7. Lomax v Apatu – Awarua o Hinemanu Trust (2013) 22 Takitimu MB 282 (22 TKT 282) [pdf, 137 KB]

   ...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 of this Act or an appeal under Part 2 of this Act relates. 22 Takitimu MB 290 (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...

8. ENVC Hearing 6Oct14 DM expert Dennis Scott [pdf, 364 KB]

   ...- Operative Waiheke County Council District Scheme, 1991. 15. In 2004, I was also prepared and produced landscape evidence and attended the Environment Court hearing on behalf of Auckland City Council on the “Waitemata Infrastructure Ltd” appeal in relation to the then proposed Matiatia Village development. 16. Since that time I have also produced several design concepts for Matiatia Village, including two concepts, in 2006, for an Auckland City Council commissioned urban d...

9. Brown v Otago Polytechnic (Strike-Out Application) [2014] NZHRRT 22 [pdf, 96 KB]

   ...unparticularised allegations against the Chairperson. [17] In a decision given on 4 February 2014 the Tribunal dismissed the recusal application and directed that the strike out application be heard. [18] Mr Brown then advised that he intended appealing the recusal decision. As matters transpired no valid appeal was brought but in any event, no stay having been sought or granted, the Chairperson by Minute dated 14 March 2014 directed that the strike out application be heard on 19 Ma...

10. Te Manutukutuku Issue 72 [pdf, 3.3 MB]

    ...district inquiries and on two urgent inquiries. Those were the Kiwifruit Marketing and Ngāti Maniapoto / Ngāti Tama Settlement Cross­Claims inquiries. Justice Joe Williams, the former Chair person of the Tribunal, was appointed to the Court of Appeal in December 2017. While he was the Chief Judge of the Māori Land Court, Justice Williams served as Deputy and Acting Chairperson from 1999 to 2004 and then as Chairperson up to his appointment to the High Court bench in 2008. ...