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1. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...classes of alienees: section 147 A and 152(1 )(t). This goes to the heaIt of the Act. The legal and social impOliance of the alienation confirmation provisions of the Act have been emphasised in many Court decisions including decisions of the COUli of Appeal in Valuer General v Mangatu Inc. [1997] 3 NZLR 641 and Bruce v Edwards [2003]1 NZLR 515. In the earlier decision the President of the COUli of Appeal observed: 125 Whangarei MB 43 "The 1993 Act imposes vety significant co...

2. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...analysis of the then legislation relating to meetings of assembled owners shows that the requirement for resolutions to be formally moved was very limited. [51] Today‘s legislation concerning meetings of assembled owners – which the Court of Appeal in Clarke v Karaitiana recently observed carry a greater degree of formality than meetings of beneficial owners of a trust 11 - recognises that technical irregularities do not automatically defeat the outcome of meetings. Regulatio...

3. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...8196742 therefore, whether the proposed provisions will indirectly discriminate on these prohibited grounds, and if so, whether any discrimination is justified under s 5 of the Bill of Rights Act. 66. However, applying the reasoning of the Court of Appeal in Ngaronoa,15 we do not consider that the proposed YSO and MSA regime will be inconsistent with s 19: 66.1 The Bill proposes to treat Māori and non-Māori young offenders the same; equally so in relation to disability issues. 66....

4. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

   ...interpretation. What is the meaning that would be conveyed to a reasonable person who has all the background knowledge which would reasonably have been available to the parties in the circumstances at the time of the contract? 5 The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc 6 endorsed a contextualised approach to the interpretation of collective agreements, accepting that it is appropriate to consider prior instruments betwee...

5. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

   ...that “the Court may order any party to pay any other party such costs and expenses (including expenses of witnesses) as the court thinks reasonable”. The issue of awards of costs has been the subject of three main decisions of the Court of Appeal and the principles to be applied are now well established. 6 The extent of the Court’s discretion on costs has been confirmed in those decisions. [52] Generally an order of costs will follow the event. The usual reimbursement...

6. LD & KL Trust v MT & HB LCRO 25/2015 (15 April 2016) [pdf, 106 KB]

   ...within the prescription of a “mild 19 Letter JK to LCRO (8 April 2016). 20 Lawyers and Conveyancers Act 2006, s 156(1)(d). 11 criticism”. In support of this I refer to the Court of Appeal decision in NZLS v B where the Court said:21 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint against the pract...

7. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...assertive in preventing the type of behaviour of which the defendant was accused. [78] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedures to be followed are set out in Part 20 of the High Court Rules. ______...

8. ASC - 2012 annual report [pdf, 1.2 MB]

   ... closed  the  Supreme  Court  delivered  its   final   judgment   in   the   Right   to   Life   v   Abortion   Supervisory   Committee   case,   dismissing     Right  to  Life’s  appeal.    See  the  section  ‘Supreme  Court  Proceedings’  below  for  more  detailed   information.     In  May  2012  the  Committee  appeared  before  the  Justice  and...

9. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   IN THE ENVIRONMENT COURT AUCKLAND ENV-2015-134 IN THE MATTER OF Of the Resource Management Act 1991 and of an appeal under Clause 14 of the First Schedule of the Act BETWEEN MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent SUBMISSIONS FOR THE ATTORNEY-GENERAL 4 December 2017 CROWN LAW TE TARI TURE O TE KARAUNA PO Box2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Contacts: Jeremy Preb ble /Nicholai Anderson J eremy.Preb ble@...

10. Directory of Official Information G-I [pdf, 857 KB]

    ...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...