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1. [2023] NZREADT 25 CAC 2102 v Hoogwerf (25 September 2023) [pdf, 238 KB]

   ...v Ganesh [2018] NZREADT 19 at [115]; Complaints Assessment Committee 2108 v Rankin [2022] NZREADT 15 at [65] and [107]. 11 [45] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 setting out the right of appeal to the High Court. PUBLICATION [46] Having regard to the privacy of the individuals involved, as well as the interests of the public in the transparency of the Tribunal and knowing of wrongdoing by licensees, it is appropriate to orde...

2. CAC20002 v Brar [2015] NZREADT 59 [pdf, 490 KB]

   ...the usual way that he is a fit and proper person to hold such a licence. We understand that the necessary procedures will focus on that issue in any case. [38] 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. MS~ --- Member

3. Hona - Estate of Hiriweteri Toby [2017] Chief Judge's MB 428 (2017 CJ 428) [pdf, 354 KB]

   ...evidence presented, or in the interpretation of the law, and it is necessary in the interests of justice to 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2017 Chief Judge’s MB 437 correct its record. For this reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the tim...

4. 2022-03-10-Recusal-reasons-decision.pdf [pdf, 144 KB]

   ...“precautionary principle” to which Mummery LJ refers should be seen as applicable in a finely balanced case. I have formed the view from the context in which the passage appears, immediately following reference to another decision of the Court of Appeal in Locabail (UK) Ltd v Bayfield Properties Ltd. In Locabail, the Court (Lord Bingham of Cornhill CJ, Lord Woolf MR and Sir Richard Scott VC) had said:22 … By contrast, a real danger of bias might well be thought to arise if there...

5. Solomon v Johnson - Te Mata E3 Block (2017) 139 Waikato Maniapoto MB 240 (139 WMN 240) [pdf, 508 KB]

   ...litigant may seek to enforce an oral contract by obtaining from the court a decree of specific performance even though that oral contract fails to comply with the Property Law Act. 32 [65] In TA Dellaca Ltd v PDL Industries Ltd the Court of Appeal formulated the following test for part performance: 33 In a part performance case the Court must consider three points which I would frame as follows: 1. Was there a sufficient oral agreement such as would have been enforceable but...

6. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...to be heard." Both Counsel accepted that the section was expressed in wide terms and that the Maori Land Court has jurisdiction to make a pre-hearing award of costs . In exercising my discretion I am guided by the decision of the Court of Appeal In Berkett v Cave [2001]1 NZLR 667, where the Court said at paragraph 13: "The authorities can be summarised as indicating that to obtain such an order the applicant must, as a minimum, show: (I.) The case mounted is clearly argua...

7. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...justice to remedy the mistake, error or omission by cancelling or amending the order. 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2018 Chief Judge’s MB 42 [21] The applicant has provided me with the Will of the deceased which clearly sets out the intention of the deceased. The Will was not presented to the Court when the order comp...

8. [2009] NZEmpC CC 19/09 T L Harvey Ltd V Duncan [pdf, 43 KB]

   ...confidently said that, if the matter had been handled appropriately, the outcome would have been the same. Such a proposition is often advanced in cases involving redundancy. Ms Ironside relied on this proposition, and the decision of the Court of Appeal in Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601, to suggest that, even if the dismissal was unjustifiable, Ms Duncan ought not to be awarded remedies for loss of her job. In my view this is not such a case. Ms Duncan’s p...

9. Haretuku - Succession to Pirihira Te Whatu [2020] Chief Judge's MB 142 (2020 CJ 142 [pdf, 367 KB]

   ...Māori Act 1993, and recognising that Māori land is a taonga tuku iho to be retained by the owners their 4 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 156 whānau and hapū, I consider that it is necessary in the interests of justice to remedy this mistake. [17] As this second Registrar’s Report has not been circulated to the parties, I am...

10. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

    ...scope of review [105] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:19 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...