Search Results

1. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...[20] In Brown v Māori Appellate Court, 12 the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal. 13 This approach is helpfully summarised in Hammond – Whangawehi 1B3H1: 14 [15] The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That juri...

2. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...set out above, there has been misconduct rather than the lower offence of unsatisfactory conduct. [52] For the above reasons we find the charge proved. [53] 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 ______________________________ Ms N Dangen Member ______________________________ M...

3. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...placement he had entered a contract of service with that company. 30 Clark v Northland Hunt Inc [2006] 4 NZELR 23 (EmpC) at 22. 31 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 32 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]. 33 Prasad, above n 5, at [38]. 34 McDonald, above n 22. [69] Obviously, Mr McDonald could only pursue his claim for...

4. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...Respondent CHAIR Ms D Clarkson MEMBERS OF TRIBUNAL Mr I Hunt Ms M Noble Ms G Phipps Prof D Scott HEARING 28 and 29 March 2023 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 17 May 2023 RELEASED FOLLOWING APPEAL 10 October 2023 COUNSEL Ms Dew KC and Mr Hansen for the Applicant Mr Illingworth KC, Ms Fee and Mr Lewis for the Respondent 2 DECISION OF THE TRIBUNAL ON LIABILITY What this decision addresses [1] This...

5. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 74. Although infringement offences do not result in a criminal conviction,21 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.22 75. Strict liability offences may neverth...

6. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...offence under the Act or its Rules in the context in which she found herself. [79] Accordingly, all the above charges are hereby dismissed. 15 [80] 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 G Denley Member _____________________ Ms N Dangen Member...

7. [2017] NZEnvC 206 Ngai Te Hapu Incorporated v Bay of Plenty Regional Council [pdf, 4.1 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Sitting: Appearances: Decision No. [2017] NZEnvC 200, IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN NGAI TE HAPU INCORPORATED AND AND (ENV-2016-AKL-42) NGA POTIKI A TAMAPAHORE TRUST (ENV-2016-AKL-4S) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ASTROLABE COMMUNITY TRUST Applicant Environment Judge JA Smith Environment Commi...

8. Taka v Watene - Koparakore A32A2B3B (2017) 34 Tākitimu MB 163 (34 TKT 163) [pdf, 427 KB]

   ...had been moved on to the land, there was no suggestion that the house does not remain fixed to the land. So, I will 17 Rudolph v Reti – Otetao B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) 18 See Sione – Te Hapua 24 (2000) 4 Taitokerau Appellate MB 275 (4 APWH 275); Bidois – Te Puna 154D 3B 2B (2008) 12 Waiariki Appellate MB 102 (12 AP 102); and Brown v Māori Appellate Court [2001] 1 NZLR 87 64 Tākitimu MB...

9. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [pdf, 278 KB]

   ...submissions are to be filed and served by 30 November 2022. Mr Bright’s submissions are to be filed and served by 21 December 2022. [92] 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 [93] Having regard to the privacy of the complainant and the interests of the public, it is appropriate to order publication of this decision without identifying the complainant.18 ________...

10. Directory of Official Information A-C [pdf, 1.5 MB]

    ...Consent Authorities • Physical Sciences • Medical Testing • Metrology and Calibration • Radiology Services. Chairpersons of each PAC are members of the Accreditation Advisory Committee (AAC). The AAC and/or the Council may adjudicate any appeals arising from IANZ accreditations. Records Records are maintained on client registrations, assessments, reports and correspondences. A directory of IANZ accreditations is maintained and made available for public viewing on www.ian...