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1. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

   ...approximately 14.7 hectares which at present is fenced within the Waipaoa 5A2 boundary. [25] Access between the Waipaoa 5A2 block, administered by the Māori Trustee, and the Ngapakira block, owned by the estate is an important factor in this case. [26] Legal access from Waipaoa 5A2 to the Ngapakira block is provided by way of a paper road which is partly formed. The formed access to Ngapakira is approximately 5.6 kilometres in length and for the most part is a bulldozed track su...

2. Waitangi Tribunal theme A - Old land claims [pdf, 7.2 MB]

   ...powers of investigation to John White (apparently without proper official appointment) who then proceeded to renegotiate pre-Treaty transactions with the assistance of a private surveyor, William Clarke. In doing this White essentially rearranged the legal landscape of the upper Hokianga and Waima areas without apparently having the statutory authority to do so. The most exceptional of all the case studies, however, is the saga of the McCaskill Hikutaia claims in southern Hauraki. There C...

3. Recommendations recap - issue 10 [pdf, 1021 KB]

   ...findings were released by a coroner between 01/07/2015 and 31/12/2015. Edition 10 features a case study report on deaths from medication errors. The report contains statistics relating to these deaths, an outline of the issues involved, and other legal mechanisms and programmes aimed at reducing fatal medication errors. It also provides a summary of recommendations made by coroners following these deaths. Discl...

4. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...title were given to named owners, as absolute owners, with fully negotiable titles. The reciprocal relationship embodied with the rangatirotanga of chiefs and people was undermined. Nor could Maori avoid the court because prior dealings were no longer illegal and it only required a few willing sellers to bring a claim and others had to follow or be excluded from the title. The Liberals passed the Native Land Purchase and Acquisition Act 1893 to extinguish native title over as much as possible...

5. Conviction & sentencing of offenders in New Zealand 1996 to 2005 [pdf, 844 KB]

   ...year. The overall youth apprehension rate in 2005 was the lowest recorded in the last decade, at 1,636 apprehensions per 10,000 population of 14- to 16- year-olds. The most common outcome of an apprehension was being dealt with by the Police Youth Aid Section, with 46% (14,398) of the apprehensions in 2005 being dealt with in this manner. The most common outcomes of prosecuted cases for young people were section 282 (of the Children, Young Persons & Their Families Act 1989) discharge...

6. Discussion paper - Re-evaluation of Human Rights protections [pdf, 534 KB]

   ...is focussed on complaints resolution those leading the organisation will be seen as having principal responsibility for settling disputes and as exercising an important quasi-judicial function. They will need to be at least reasonably familiar with legal process and analysis. And the structure of the 10 organisation and its systems will need to be designed around the ability to analyse and process disputes in ways that assist determinations. 17. If on the other hand the principal focus o...

7. ENV-2016-CHC-000071 Application for Declarations [pdf, 3.6 MB]

   ...Council's failure to enforce Rules 12.1.1.g and 12.1.1.h arises from its wrong interpretation of the exemptions, and its mistaken position in law, and not as a consequence of a discretionary evaluation of enforcement options in light of the correct legal position (s84 RMA). (g) If pastoral intensification has the effect of indigenous vegetation clearance than resourc~ consent is required. Council's failure to require resource consent for pastoral intensification (where tha...

8. MLC - 150 years of the Māori Land Court [pdf, 11 MB]

   ...is the oldest specialist court in New Zealand, and one that has transformed itself over the course of its history. This is a history which is important to the social and economic fabric of New Zealand’s society, and equally to New Zealand’s legal history. The mihi set out above acknowledges those who have contributed to this history. The contributors to this publication should also be acknowledged for their assistance in producing what is a unique publication for the Court’s 15...

9. Waitangi Tribunal - District 11 Wairoa [pdf, 2.4 MB]

   ...muskets were requested for those considered loyal. The arrival of Pai Marire was the catalyst for civil war on the east " coast between June 1865 and October 1866. On 25 December 1865, a kupapa force "'led by Kopu and Ihaka Whaanga, and aided by Ngati Pahauwera, attacked a section '''of the upper Wairoa, led by Te Waru Tamatea, at Omaruha'keke Pa, about 12 miles up the Wairoa River. The kupapa force won, due to colonial and Ngati Porou help. Another en...

10. Process evaluation of the Election Access Fund Act (2020): after the first use of the Fund [pdf, 776 KB]

    ...19 Topics covered in the survey included: • the proposed applicant process approach • the planned criteria for when a disabled person is “seeking selection” • using the UNCRPD definition of a “disabled person” • a legal declaration being enough evidence of eligibility • third parties being able to provide information about an applicant’s needs • the proposed funding timing • how to pay funding to applicants • the types of funding support to...