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1. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

   ...Tukorehe Pā, Ohau was not a shareholder of the Incorporation and consequently the shares must ultimately revert back to the estate of Paora Te Hiwi and to John Te Hiwi, the residuary beneficiary. [6] The applicants also say that the transfer, if permitted to stand, cannot be solely for the benefit of Ngāti Tukorehe hapū since Te Mateawa and Ngāti Kapu are also tribes of Paora Te Hiwi. It would be unfair and inconsistent with the intentions of Mr Te Hiwi to maintain the share tr...

2. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...funding. The Ministry uses the NHI database to ensure the data in the registers is accurate. How the information on the NHI is kept secure 34. The NHI database is not a public database. Access is only allowed by authorised users, and when it is permitted by the Code and the Act. The only people who can access it are a select number of people at the Ministry of Health (who are required to sign confidentiality agreements) and health providers. Within those who have access, only the...

3. [2017] NZEnvC 173 National Trading Company of New Zealand v Auckland Council [pdf, 872 KB]

   ...Auckland Council's decision on the recommendation. He considered that controls constrained important re-development, particularly within the Centres. [14] However he did agree with the proposed removal of the constraints on the maximum parking permitted in the Compromise Agreement A. Furthermore, he acknowledged the significant improvements in the Compromise Agreement A over the IHP's recommendations. He acknowledged, in answer to questions, that the Compromise Agreement...

4. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

   ...exceptions which are not relevant in the present context, no reason other than one or more of the withholding grounds set out in ss 27 to 29 of the Act justifies a refusal to disclose any information requested pursuant to Principle 6: 30 Refusal not permitted for any other reason Subject to sections 7, 31, and 32, no reasons other than 1 or more of the reasons set out in sections 27 to 29 justifies a refusal to disclose any information requested pursuant to principle 6. [20] The agen...

5. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...undertaking to the Court for the purposes of representative to counsel disclosure. This possibility had not been considered by the Authority. [138] Such an undertaking would, I assume, be in the usual form where counsel would confirm he was permitted only to utilise the document for the purposes of the relevance investigation; and that its contents would remain strictly confidential and not be disclosed to any other person unless otherwise directed by the Authority. [139] An un...

6. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...submits he should be treated as acting as lawyer for his wife, not as joint litigant in person. On that basis they mount two charges. Charge 8 accuses him of acting for his wife, thereby providing her with regulated services – which would not be permitted because it was outside the terms of his employment. Charge 9 accuses him of acting for his wife while having a conflict of interest because his actions exposed her to a costs award. In fact, the New Zealand Family Court Judge...

7. LAP contract for services [pdf, 753 KB]

   ...relation to charges and Proceeds of Proceedings 3.7. The Provider must comply with their obligations under section 107 of the Act to: 3.7.1. take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied, and 3.7.2. advise the Commissioner if they are aware that an aided person has, is, or is attempting, to avoid making payment...

8. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

   ...Tumuaki, who must ensure at all times that the investigations and hearings comply with both the rules of natural justice and the rules determined by the Tumuaki from time to time for the fair conduct of an appeal hearing.19 (e) The Tumuaki is permitted to commission research which he or she considers necessary.20 (f) At hearings, the Rūnanga trustees must act collectively as a jury and must deliberate in private to seek to reach unanimous findings. If no unanimous finding can...

9. Koso v Chief Executive Ministry of Business Innovation and Employment [2014] NZHRRT 39 [pdf, 133 KB]

   ...template documents/correspondence I understand all this information is readily to hand and directly accessible from AMS. Could you please provide this information as soon as practicable. The request is made urgently on the ground that my client’s permit has expired and they are unlawful, and I need to urgently advise my client about their status. I request a list of every item provided in the disclosure. I request a list of every item withheld and full grounds and reasons for...

10. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

    ...future disputes. [83] The Court went on to conclude that conventional cost principles may not apply, at least with the same force, to cases which have broad implications of the kind that were before that Court. The discretion given by the Act permitted the Court, under the unique regime of employment relations, to do justice by taking account of the general importance of these factors.33 30 Head v Chief Executive of the Inland Revenue Department [2021] NZCA 483 at [7]. We no...