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1. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...Paternity may be proved (in descending order of authority) by DNA blood testing, the testimony of the mother and the putative father and finally the hearsay evidence of the whanau and associates. [24] Due to the fi'aught nature of paternity the law has developed celiain presumptions. The presumption of paternity is now provided for in the Status of Children Act 1969. Section 7(1) of the Act provides: "7 Recognition of paternity (2) The relationship of father and child, an...

2. [2013] NZEmpC 38 Taiapa v Te Runanga O Turanganui A Kiwa Trust t/a Turanga Ararau Private Training Establishment [pdf, 117 KB]

   ...s 18(1) of the New Zealand Bill of Rights Act 1990 (NZBORA) which affirms citizens’ rights of movement within New Zealand. [27] The submission is misconceived for a number of reasons. [28] The first is that the NZBORA, while affecting public law relationships between the state and citizens, does not determine the private law rights and obligations of employers and employees, at least those operating in the non-State sector such as these parties. [29] Next, it is not correct to s...

3. Final Env-Reg-Report-2017-18 [pdf, 178 KB]

   ...of Record. It is a specialist court that has jurisdiction over environmental and resource management matters. It can be characterised as follows: • a Judge usually presides at sittings to hear and determine proceedings • it is required by law to act judicially • it hears contesting parties to the proceedings before it and gives a determination which is binding upon them The court currently comprises 17 (inc.8 alternate) Judges and 13 Commissioners (inc.4 deputies). Commissi...

4. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...making an error. He would endeavour to have Mr S’s work visa approved by the end of the week. Mr De’Ath said he was doing all he could to get Mr S up to speed as soon as possible. He advised Mrs Green she could pursue her complaint through the Law Society or the Authority. While he had fallen short, he had owned it from the moment it was known. [13] On 22 September 2015, Mr De’Ath sent an email to Immigration New Zealand asking whether processing would be faster for a Vari...

5. [2021] NZEmpC 175 FDE v UWV [pdf, 241 KB]

   ...Company of TNL Group Ltd [1998] 1 ERNZ 395 (EmpC). 5 E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA). 6 Marshall, above n 4, at 405, adopting the observations of the learned authors Davies and Freedland; Paul Davies and Mark Freedland Labour Law: Text and Materials (2nd ed, Weidenfeld and Nicolson, London, 1984) at 453 (emphasis added). mover in the process of termination, and that it should not matter that the employer had secured the agreement of the employee as to th...

6. Pomare v Pomare - Hongoeka 1B Parts and Hongoeka 1B1 (2024) 492 Aotea MB 5 (492 AOT 5) [pdf, 1.2 MB]

   ...Kōrerorero .............................................................................................................. [71] Discussion Should an Ahu Whenua Trust be established over all or some of the lands in Sir Māui’s estate? [71] The law [79] Have the owners had sufficient notice of the application and sufficient opportunity to discuss and consider it? [85] Outcome of the facilitated hui [95] If a trust is established who should be appointed trustees? [119] The law [1...

7. [2024] NZEmpC 5 MGE New Zealand 2010 Limited & McKay Ltd v Campbell [pdf, 225 KB]

   ...continuation of what Mr Campbell did with the earlier documents that he had emailed JEL and are evidence of his dishonest intent. [16] MGE does not consider there is any real likelihood of Mr Campbell sending these emails for a legitimate and lawful purpose. It says Mr Campbell was not involved in pricing work and had no reason to have the pricing data document sent on 24 June 2020 in his control. MGE does not have any recollection of Mr Campbell working on any matters that woul...

8. [2024] NZIACDT 32 - XI v Liu (16 December 2024) [pdf, 237 KB]

   ...1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Immigration adviser licence 14. A licensed immigration adviser must provide evidence of being licensed to the client. Written agreements 18. A licensed immigration adviser must ensure that:...

9. Pickering v Accident Compensation Corporation (Personal Injury) [2024] NZACC 209 (17 December 2024) [pdf, 192 KB]

   ...not cause the loose bodies in her knee. [26] On 10 May 2024, a Notice of Appeal (ACAR 109/24) was lodged against the review decision of 15 March 2024. On 14 May 2024, the Court granted Ms Pickering leave to appeal out of time. 7 Relevant law [27] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by a...

10. OIA-111057-Document-pack.pdf [pdf, 12 MB]

    ...Henderson, Neville; Horwood, Alison; Howard- Bowring, Jessica; Hoyles, Rebekah; Huang, Eileen; Ingram, Shannon; Johns, Nadine; Kasperczyk, Anna; Kavinta, Jacob; Kerr, Ariana; Khanna, Risha; King, Emma; Knobben, Sam; Kudin, Ed; Kumar, Sonika; Langford, Rose; Lawrence, Aleisha; Lindsay, Briar; Loo, Ricky; Love, Lisa; MacKay, Duncan; Mackle, Aaron; MacLean, Joleen; Masila, Siu; McBride, Luke; McKay, Alida; McLuskie, Luke; Mitchell, Sarah; Monk, Jordan; MRS; Murray, Iain; Nair, Anneline; Ng, Jacob;...