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1. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...to permit such development, it must ask itself whether or not the reservation status should remain in respect of the whole of the land. 20 Te Waipounamu MB 174 [85] Ruka – Taheke 23A and 23B [2010] Māori Appellate Court MB 629 (2010 APPEAL 629) dealt with registration of those blocks under the Māori freehold land registration project. At [54] the Court stated: the marae buildings are located at the western end of the envelope the eastern end could provide for grounds...

2. Hutchison v Solomon [pdf, 137 KB]

   ...having been misled by the vendors of a property which was found to have "unwittingly promoted the property" in a misleading way as to the entrance and part of the driveway having been constructed on an unformed paper road. The Court of Appeal found that there was no adverse consequence because the property was still valued, despite the existence of the paper road, at the purchase price. 9.5 In Gunton certain warranties were made concerning a helicopter sold and the...

3. Te Manutukutuku 77 [pdf, 7.6 MB]

   ...the age of 82, served as a judge of the Māori Land Court from 1984 to 1999. Among other things, he is remem- bered for making the initial decision in 1997 on Māori ownership of the fore- shore and seabed, which ultimately led to the Court of Appeal decision in Ngāti Apa in 2003 and the Foreshore and Seabed Act 2004. Judge Hingston presided in three Tribunal inquiries that reported their findings in the early 1990s : Ngāti Rangiteaorere (1990) ; the Māori Develop ment Corpora...

4. ENV-2016-AKL-000193 Kiwi Property Group Limited & Others v Auckland Council Consent Order [pdf, 19 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 of an appeal under section 156(1) of the Local Government (Auckland Transitional Provisions) Act 2010 KIWI PROPERTY GROUP LIMITED, KIWI PROPERTY HOLDINGS LIMITED AND SYLVIA PARK BUSINESS CENTRE LIMITED (ENV-2016-AKL-000193) Appellants AUCKLAND COUNCIL Respondent Principal Environment Judge L J Ne...

5. Ministry of Justice National Panui February 2022 [pdf, 352 KB]

   ...Applications Not Ready to Proceed The applications listed below were received up to the closing date of this Pänui and are yet to be considered by a Registrar or Judge APPLICATION NO: SECTION: APPLICANT: SUBJECT: A20210014842 58/93 Tracey Hill Appeal 2021/ 8 - Otakanini Church Site - and orders made at 238 Taitokerau MB 185 -189 on 8 October 2021 - Notice of Appeal WAIKATO MANIAPOTO continued Hui-Tanguru / FEBRUARY 2022 - NATIONAL PÄNUI 45 46 NATIONAL PÄNUI - Hui-Tanguru /...

6. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...coping techniques to enable her to remain in gainful employment the award for non-economic loss would have been higher.14 [50] In Gilbert, the Court awarded $75,000 for humiliation, anxiety and distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered...

7. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...onus be placed on that lawyer to show that the conduct complained of did not have a connection with his status as a lawyer and the client could not reasonably have thought he was acting as a lawyer. [37] In the case of Hansen v Young13 the Court of Appeal was tasked with considering whether a solicitor, Mr Young who was Co–executor and Trustee of an estate had been negligent as “solicitor”. The issue before the Court was to determine whether there was a retainer and in particu...

8. Evidence Brief: Supervision and Intensive Supervision [pdf, 370 KB]

   ...community-control sanctions to society’s belief that threats of punishment and enhanced surveillance were key to deterring crime. In SUPERVISION & INTENSIVE SUPERVISION: EVIDENCE BRIEF – OCT 2017. PAGE 11 of 15 addition, supervision sentences appealed to both sides of the political spectrum; liberals were drawn to the concept of reducing incarceration and conservatives were drawn to the cost-effectiveness. CURRENT INVESTMENT IN NEW ZEALAND Both supervision and...

9. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...subordinate RMA planning instrument are also well settled and not contentious. We are guided by the Interpretation Act 1999 ('IA'), particularly s 5 on purposive interpretation. The principles are also as set out in the leading Court of Appeal authorities of Rattray17(decided pre-RMA) and the more recent decision in PoweJJ18 (where Rattray was applied and interpreted in relation to an RMA district plan matter). In particular, we apply the approach described in the following...

10. BGH v Kumar [2024] NZHRRT 2 [pdf, 292 KB]

    ...cornering, mauling, 8 See Human Rights Act 1993, s 92I(4) and DML v Montgomery (DML) [2014] NZHRRT 6 at [103]. 9 See for instance Craig v Slater [2018] NZHC 2712 at [411]. The High Court’s description of sexual harassment was affirmed by the Court of Appeal in Craig v Slater [2020] NZCA 305 at [89]. 10 See for instance Proceedings Commissioner v H (1996) 3 HRNZ 239, [1996] NZAR 451 (CRT) at [247]-[248], cited in DML, above n 8, at [108]. 11 Lenart v Massey University [1997] ERNZ 2...