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1. Bradley v Jones - Miria Pene [2016] Chief Judge's MB 907 (2016 CJ 907) [pdf, 414 KB]

   ...evidence 6 he stated that his mother known as Miria Pene or Miria Jones or Miria Ropitini or Miria Hansey who had died around 1942. At a subsequent 2 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 60 Rotorua MB 360-361 dated 10/07/1914 5 147 Rotorua MB 118-120 dated 12/08/1969 6 71 Wairoa MB 49 dated 14/02/1967 2016 Chief Judge’s MB 918 hearing 7 Pokia...

2. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...(and their firm), their client and Ms A’s former boyfriend and organisations with which he was associated. 2. Ms A was refused interim name suppression by the Tribunal, but her name remains suppressed by interim order of the High Court pending appeal. Mr Brookie indicates she may seek final name suppression. We expect her to file such an application no later than 1 February 2023. We make an interim order suppressing her name at least until her application for final name suppress...

3. [2022] NZEnvC 078 Whangarei District Council v Sustainable Solvents Groups Limited [pdf, 316 KB]

   ...proceedings were adjourned on the issues of liability and apportionment 3 National Rivers Authority v Yorkshire Water Services Limited [1995] AC 444 at 452 (House of Lords); Attorney General’s Reference (No. 1 of 1994) [1995] 1 WLR 599 at 613 (Court of Appeal). [24] [25] [26] [27] [28] [29] 9 of liability for costs and clean-up expenses under s 315(2)(c) of the Act.4 I acknowledge that in consenting to the making of enforcement orders the Fourth to Sixth Respondents...

4. [2023] NZREADT 1 - CAC 1904 v Bright (16 January 2023) [pdf, 129 KB]

   ...Authority within one month of this decision. 3. Ordered to pay costs of $7,109 to the Authority within one month of this decision. [51] 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. 9 See also Mr Bright’s “Comments/Responses to Complaint” dated 31 July 2019 (at [18]). 13 PUBLICATION [52] Having regard to the privacy of the complainant and the interests of the public, it...

5. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...17 R v Briggs [2009] NZCA 244 at [85] per Arnold J. 67. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 68. For...

6. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

   ...proof. This issue becomes crucial in a case like the present where considerable reliance is placed on circumstantial evidence. The leading authority on the topic is Honda New Zealand Ltd v New Zealand Boilermakers’ etc Union,3 where the Court of Appeal reaffirmed that where what is at issue in a civil case is the alleged commission of a criminal offence, the standard of proof, while still based on the balance of probabilities, requires the evidence in support to be as convincing i...

7. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been briefed quite recently is of no concern to us here and even t...

8. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...for any type of legal aid query. Calls will be answered by legal aid staff in the Wellington office, 8am–5pm, Mon–Friday. 0800 2 LEGAL AID 0800 253 425 We work with the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, 58 district courts, the Environment Court, Employment Court, Coroners Court, Māori Land Court and Waitangi Tribunal We support 28 other tribunals, authorities and committees (including the Disputes Tribunal and Tenancy Tr...

9. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   ...right-holders, and without compensation. Today, the 2 3 6 8 5 9 Tribunal Report on the foreshore and seabed cont inued on page 3 Crown wishes to restore that situation of effective Crown ownership, which had been challenged by the Court of Appeal. The Tribunal found that there is no over- whelming need for the Crown to do this in the national interest, or to set aside Treaty protections. It considered that, at the very least, the Crown must compensate those who will lose proper...

10. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

    ...transaction vote. [13] Counsel for Te Korowai also referred to the concurrent Environment Court proceedings regarding the Mt Messenger project. Counsel advised that the Environment 415 Aotea MB 171 Court has issued an interim decision, the appeal of which is to be heard by the High Court in August 2020. In this regard, counsel noted that there does not seem to be any urgency to undertake the major transaction vote immediately, as it could potentially be held in June and...