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1. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...address. [121] The first cause of action does not, therefore, fall foul of the 90-day requirement. 13 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) at [31]-[36]. This case was overruled on appeal but not on this point: Commissioner of Police v Creedy [2007] NZCA 311, [2007] ERNZ 505; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7, [2008] ERNZ 109. 90-day issues as to second and third causes of actio...

2. Tarawa - Estate of Tau Pere Pokaihau [2018] Chief Judge's MB 890 (2018 CJ 890) [pdf, 378 KB]

   ...may be otherwise expressly provided in this or any other Act no alienation of Maori land by way of transfer by a Maori shall have any force or effect unless and until it has been confirmed by the Court. 2018 Chief Judge’s MB 899 (2) An appeal shall lie to the Appellate Court from any decision of the Court to grant or refuse confirmation of an alienation or from any variation by the Court of the terms of any alienation. (3) In this section and in sections 227, 227A, 228, 23...

3. Watene v Hemi - Aramiro and Section 1 Survey Office Plan 61863 (2019) 181 Waikato Maniapoto MB 21 (181 WMN 21) [pdf, 422 KB]

   ...failing to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 8 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 181 Waikato Maniapoto MB 34 [44] The Māori Appellate Court noted that there is no requirement for unanimous owner or beneficiary support for the termination of a trust under s 241 and, except in certain limited circums...

4. Crosswell v Auckland City Council [pdf, 92 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000107 BETWEEN GERARD MICHAEL CROSSWELL and CHRISTINE DAWN CROSSWELL as trustees of the CROSSWELL FAMILY TRUST Claimants AND AUCKLAND CITY COUNCIL First Respondent AND ROBERT MEDEMBLIK (Now Removed) Second Respondent AND GRANT MALONE Third Respondent AND ROSS SUTHERLAND (Now Removed) Fourth Respondent AND STEPHEN BASKETT and CRAIG BRACKEN (Now Removed) Fifth Respondents AND CARL RUFFLES Sixth R

5. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   ...at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [45] In Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust the Court of Appeal confirmed that the Māori Land Court has extensive supervisory powers.17 In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court's jurisdiction under s 238 of the Act:18 “Apart from the inherent juri...

6. Williams - Hohotaka 2A Section 4 [2023] Chief Judge's MB 2 (2023 CJ 2) [pdf, 971 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.14 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [21] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:15 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the...

7. ASC Annual Report 2020 [pdf, 1019 KB]

   ...Livingston4 In his early case under the Act, a paediatrician sought to prevent a young woman from having an abortion when two certifying consultants had certified that a termination of her pregnancy was justified under the CSA Act. The Court of Appeal held the plaintiff had no standing to challenge the certificate and that any interests of the unborn child were indirectly protected by the mechanisms provided for in the legislation. 2012: Right to Life New Zealand Inc v Abor...

8. Welcome-Guide-Information-for-court-and-tribunal-interpreters-v5.docx [docx, 1.7 MB]

   ...requests by the interpreter during a court hearing should be addressed to the judicial officer. The following guidance is from the code of conduct in the Ministry’s Quality Framework: Talking to a judicial officer A judge of the High Court, Court of Appeal and Supreme Court is referred to as “Justice” followed by their surname. A judge of the District Court or other court (such as the Employment Court or Environment Court) is referred to as “Judge” followed by their surname. A jud...

9. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...2013-009-001684, 28 January 2014). The two decisions are essentially decisions considering facts, in the High Court both parties took the position that they would not support the District Court’s analysis of the facts; the High Court allowed the appeal on that basis. Accordingly, the decisions do not take the matter beyond the facts of that case. [56] The observation by the District Court, that when something is truly beyond a person’s control it does not trigger professional discip...

10. Your guide to legal aid - Māori [pdf, 708 KB]

    ...ēnei: – Employment Relations Authority – Kooti Taiao – Taraipiunara Arotake Tika Tangata – Legal Aid Tribunal – Kooti Whenua Māori 10 – Refugee Status Branch – Immigration and Protection Tribunal – Social Security Appeal Authority – Taxation Review Tribunal – Tenancy Tribunal. E wātea anō pea he āwhina ture mō ngā takawaenga hei whakarite wenewene tērā ka puta pea ki te kooti. Kāore te āwhina ture kiri tangata me te whānau i te wātea...