Search Results

1. Scott v Hori - Estate of Wharepouri Paoro [2018] Chief Judge's MB 871 (2018 CJ 871) [pdf, 375 KB]

   ...order was made or through submissions on the law. Issues [18] The issues to determine in this case are: 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 887 (a) Should Jerry Herewini Hori have been included in the vesting order made under s 81A?; and if so (b) Was the order complained of erroneous in fact or in law because of any mistake or omiss...

2. Recording Industry Association of New Zealand v TCLE-A-T5877102 [2013] NZCOP 2 [pdf, 75 KB]

   ...and that it must consider the three matters listed at subcl.(3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [71] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.3 Those cases show that “flagrant” copyright infring...

3. Linstead v Tohu - Te Horo 3 No 1-31 (2024) 276 Taitokerau MB 273 (276 TTK 273) [pdf, 289 KB]

   ...in order to avoid possible injustice to the applicant and there is no injury or prejudice to the opposing party. 3 Te Ture Whenua Māori Act 1993, s 43(2). 4 Henare v Māori Trustee – Parengarenga 3G [2012] Māori Appellate Court MB 1 (2012 APPEAL 1). 5 At [19]. 276 Taitokerau MB 280 [37] However, the Court also stated that an application for rehearing will not be allowed merely for the purposes of repairing omissions in the presentation of an earlier case or for resh...

4. [2010] NZEmpc 98 Marshment v Sheppard Industries Ltd [pdf, 81 KB]

   ...the Authority together with some brief updating evidence about relevant circumstances since the Authority’s investigation meeting in late June. That direction was made because, although a hearing by challenge de novo, this is also akin to an appeal against the Authority’s decision to grant interim relief. [6] This being a challenge by hearing de novo, I address the same three questions as did the Authority: 1. Whether the (now) defendant had an arguable case of breach of the...

5. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...achieved if it “borrows” from the additional holidays that Mr Beazley and Mr Hawkins have earned. In both cases they have enhanced entitlements because of their long service and shift work. The approach being adopted draws on the Court of Appeal decision in New Zealand Fire Service Commission v New Zealand Professional Fire Fighters Union.13 In that case, the majority took the view that a period of time when fire fighters were 12 Section 12(3)(b). 13 New Zealand Fire Ser...

6. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...order was made, or through submissions on the law. Issues [21] The issues for me to determine are: 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s Minute Book 503 (a) whether the Lower Court erred in making an order for succession in terms of the will; (b) whether the applicant had notice of the application for succession and constituting the wha...

7. The Registrar - Te Ahitainga No1 Sec 10 C (2018) 72 Tākitimu MB 255 (72 TKT 255) [pdf, 350 KB]

   ...to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 3 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 4 6 Taitokerau MB 139 (6 TTK 139) at 141. 72 Tākitimu MB 265 [49] In relation to those factors and in relation to the various background facts that I have already set out, I would add the following observations and not...

8. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [108] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...

9. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...intervene in matters relating to the Immigration Act. Considering that the powers attributed to the Commission enabled it to act, the New Zealand Government continued to think that it was preferable for practical reasons to keep to the complaints and appeal procedures set out in the Immigration Act. As a safeguard, victims enjoyed the protection of the Bill of Rights 1990 or could lodge complaints against any discriminatory conduct on the part of immigration officials. The Human Rights Com...

10. Wayfinding-for-Civil-Justice-English.pdf [pdf, 1.4 MB]

    ...Ministry of Justice). The Advisory Group established the Wayfinding working group, whose members are: Dr Bridgette Toy-Cronin (Chair) (an academic specialising in access to civil justice), Raynor Asher KC (Barrister and former High Court and Court of Appeal judge), Wi Pere Mita (Māori lawyer and 23 New Zealand Law Society, above n 7. 24 Colmar Brunton, above n 2. 25 Rebecca Sandefur "Access to What?" (2019) 148(1) Dædalus, the Journal of the American Academy of Arts and Sc...