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  1. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

    ...said to have an "adjudicative connotation" (Chisholm v Auckland City Council CA32/02 29 November 2002 at para 32). I do not believe a negotiated settlement between two parties can be considered to be an "adjudication" of the matters in dispute. Negotiation and adjudication are quite distinct concepts. Secondly, the determination needs to be by a Tribunal like body for the section to apply (Chisholm supra). The Crown is not such a body. 8. Even if the ouster clause...

  2. [2015] NZSSAA 010, 27 February [pdf, 24 KB]

    [2015] NZSSAA 010 Reference No. SSA 039/14 & SSA 040/14 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr R D Burnard - Chairperson Mr K Williams - Member HEARING at WELLINGTON on 5 September 2014 APPEARANCES Mr G Howell for the appellant Ms P Sieuva for Chief Executive of the Ministry of Social Development...

  3. Foldszin v CAC 20008 & Leef [2014] NZREADT 47 [pdf, 23 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 47 READT 002/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN MARK AND SHEYENNE FOLDSZIN Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent LEANNE LEEF Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms C Sandelin - Member HEARD ON THE PAPERS DATE OF THIS DECIS...

  4. Gibson v Accident Compensation Corporation (Costs) [2022] NZACC 221 [pdf, 126 KB]

    IN THE DISTRICT COURT AT NELSON I TE KŌTI-Ā-ROHE KI WHAKATŪ [2022] NZACC 221 ACR 285/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN G GIBSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Appearances: Mrs V Gibson together with the Appellant Mr G Gibson Ms S Churstain for the respondent Date of Judgment: 29 November 2022 ____________...

  5. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [pdf, 394 KB]

    THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2011-485-821 UNDER IN THE MATTER OF IN THE MATTER OF The Marine and Coastal Area (Takutai Moana) Act 2011 An application by NGATI PAHAUWERA DEVELOPMENT TRUST for Customary Marine Title and Protected Customary Rights An application by NGATI PAHAUWERA (as originally filed by WAYNE TAYLOR, KUKI GREEN AND RUKUMOANA WAINOHU) for protected customary rights SUPPLEMENTARY AFFIDAVIT OF TORO EDWARD REGINALD WAAKA ON BEHALF OF...

  6. [2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]

    SHANE HADFIELD v ATLAS CONCRETE LIMITED [2024] NZEmpC 87 [23 May 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 87 EMPC 123/2024 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN SHANE HADFIELD Applicant AND ATLAS CONCRETE LIMITED Respondent Hearing: On the papers Appear...

  7. Edinburgh v Scandrett [2016] NZREADT 29 [pdf, 120 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 29 READT 066/13 & 068/13 IN THE MATTER OF appeals under s 111 of the Real Estate Agents Act 2008 BETWEEN EDINBURGH REALTY LTD & ORS Appellant (READT 066/13) (Second respondent (068/13) AND REAL ESTATE AGENTS AUTHORITY (CAC20004) First respondent AND GLENYS SCANDRETT Second respondent (READT 066/13) Appellant (READT 068/13) MEMBERS OF TRIBUNAL Judge...

  8. Wood v Accident Compensation Corporation [2015] NZACA 13 [pdf, 201 KB]

    ...determined and that the principle of issue estoppel applied. I note that the reviewer determined the application pursuant to the renamed Accident Compensation Act 2001 (“the 2001 Act”), an Act which remains current. [22] Mr Wood again took the matter to the District Court. There was a hearing before Judge Cadenhead on 10 April 2003 and a judgment issued by him on 7 May 2003 (Wood v Accident Compensation Corporation DC Papakura 80/2003). Judge Cadenhead considered the appeal...

  9. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

    ...respect of the interpretation or implementation of the Deed of Settlement or the Hineuru Claims Settlement Act. 5. Legislative determination ought not conventionally to fall within the scope of judicial review. [2] However, to the extent any excluded matters could be susceptible to judicial review, cl 15 constitutes a justified limit under s 5 of the Bill of Rights Act on the right affirmed by s 27(2). Excluding subsequent challenge is a legitimate incident of the negotiated settlem...