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1. E73 Prof David Williams - EIC - Ngāti Whātua Orākei [pdf, 5.6 MB]

   ...Manukau Harbour. 12 More recently I have been asked to assist the Institute of Judicial Studies by presenting at its courses on "Tikanga for Judges", attended by a number of judges of the District Court, High 2228 3 Court, Court of Appeal and Supreme Court. This course, held each year, was initiated by Justice Joseph Williams in 2014, and is a two-day wānanga to familiarise members of the judiciary with traditional tikanga Maori concepts, and how tikanga might be r...

2. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...and requesting his explanation. [28] Mr Gu advised the Authority on 15 December 2020 that the complainant had been granted a s 61 visa on 7 January 2020. She had spent $5,010 to regularise her status under the s 61 process and $1,850 for an appeal to the Immigration and Protection Tribunal. The total cost of $6,860 would not have occurred but for Ms Han’s misconduct. There was also the loss of wages for the period from 22 August 2019 to 6 January 2020 when she was an overstay...

3. [2021] NZEmpC 93 Gestro v Relph [pdf, 287 KB]

   ...must determine the real nature of the relationship by taking all relevant matters into consideration, as just discussed. 4 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) at [31] per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 5 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]; citing Singh v Eric James and Associates Ltd [2010] NZEmpC 1 at [16]. 6 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2...

4. Pickering v Reihana - Motatau 2 Section 21B2E (2021) 231 Taitokerau MB 103 (231 TTK 103) [pdf, 323 KB]

   ...The applicants were not represented in this proceeding, and so they have not framed their case according to legal principles. In essence, they claim that the house is held on constructive trust for Ngawiki. [30] In Lankow v Rose, the Court of Appeal held that, in order to recognise a constructive trust, the applicant must show:13 (a) Contributions, direct or indirect, to the property in question; (b) The expectation of an interest therein; (c) That such expectation is a reaso...

5. CAC 20004 v Campbell [2014] NZREADT 28 [pdf, 129 KB]

   ...clarify the merits of this complaint. [62] We confirm the finding we delivered after the hearing at Thames on 3 April 2014 that this charge is dismissed. [63] 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 ______________________________ Mr J Gaukrodger Member __________________________...

6. [2024] NZEmpC 76 Al-Bustanji and Jenner v Corrections Association of New Zealand Inc  [pdf, 257 KB]

   ...the applicants had made their own complaint which was also being dealt with at the same time. [39] Possible sanctions under r 12 include: no further action, a warning, suspension for a period or expulsion from CANZ. Rule 12 contains a right to appeal which would be heard by two or more officers of the union. [40] On 17 April 2024, the solicitors for the applicants wrote to Mr du Plessis as president, raising concerns about his involvement in the meetings on 13 and 14 May 2023,...

7. Rophia v Tipene - Matua Porangahau No2B No 10 (2020) 86 Takitimu MB 84 (86 TKT 84) [pdf, 372 KB]

   ...was inappropriate for Mr Tipene-Matua to act contrary to the decision of a majority of trustees. The marae committee are only entitled to 4 Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) 5 Rameka v Hall [2013] NZCA 203 6 Robinson v Pett (1734) 3P WMS 249, (1734) 24 ER 1049; Bray v Ford [1896] AC 44; Boardman v Phipps [1966] 3 All ER 721; and Fenwick v Naera [2015] NZSC 68, [2016] 1 NZLR 354 at [70] – [73]...

8. Māori Land Court January 2022 - National Pānui [pdf, 302 KB]

   ...out-Application to the Chief Judge A20210014659 45/93 Deputy Registrar Angel Hati Moeau - To amend an order made at 25 RGTA 166-167 dated 11 March 2004-Application to the Chief Judge A20210014702 58/93 Rachel Witana Omapere Taraira E & Rangihamama X3A - Appeal against a decision made on 6 October 2021 at 238 Taitokerau MB 150 - Appeal A20210014714 45/93 Rose Tai Rakena MacLean Oakura A2C - and occupation orders made at 201 TTK 226 on 20 August 2019 - Application to the Chief Judge...

9. Gravatt v Bulmer (Strike-Out Application) [2014] NZHRRT 40 [pdf, 81 KB]

   ...these proceedings as Administrator of the Estate of Zachary Gravatt. [39] In the interests of brevity we note, without comment, that in Marks v Director of Health and Disability Proceedings [2009] NZCA 151, [2009] 3 NZLR 108 at [65] the Court of Appeal accepted that the term “aggrieved person” as used in s 51 extends to cover a deceased person’s executors or administrators. However the Court added a rider that there may be uncertainty as to whether proceedings can be taken under s...

10. [2019] NZEnvC 103 Beadle v Queenstown Lakes District Council [pdf, 4.6 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 103 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act PETER, JILLIAN AND SIMON BEADLE (ENV-2018-CHC-156) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 10 June 2019 Date of Issue: 10 June 2019 FINAL DECISION OF T...