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1. Te Manutukutuku Issue 2 [pdf, 2.9 MB]

   ...of the Crown to ensure Ngai Tahu were left with a sufficient endowment for their own present and future needs has impacted detrimentally on the economic circumstances of Ngai Tahu. It also has resulted in the denial of access to traditional food resources.' 'The Tribunal will deal fully with breach of Treaty prin­ ciples in its report but the evidence presented to this Tribunal throughout this inquiry and acknowledged by the Crown is so cogent and clear that the Tribunal wou...

2. [2022] NZEmpC 117 QDY v Counties Manukau District Health Board [pdf, 230 KB]

   ...or lead to an immediate outcome. The test in s 178(2)(b) is not, however, binary; each case will need to be considered in context to 29 Waikato District Health Board v Archibald [2017] NZEmpC 132, [2017] ERNZ 791 at [39]–[42]. 30 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. 31 Bryson v Three Foot Six Ltd [2005] NZSC 34, [2005] 3 NZLR 721 at [20]. determine whether the level of urgency involved in the case, and the nature of the...

3. NZBORA-Advice-Fair-Digital-News-Bargaining-Bill-for-publication.pdf [pdf, 203 KB]

   ...justify any non-compliance. While the maximum financial penalties for strict liability offences in the Bill are significantly higher than those typically associated with strict liability offences, substantial penalties may be necessary to dissuade well-resourced parties from contravening their statutory obligations. A court retains the discretion to impose a lower penalty where to do so would be proportionate in the circumstances. Section 27(3) – Right to civil litigation 26. Sectio...

4. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...real estate agent 22. BM and IM claimed MI Ltd failed to review documents sent by their real estate agent before advising them about the purchase of the section. These documents included a geotechnical report as well as a report about a possible resource consent application for land use. They said this amounted to a failure of reasonable care and skill. 23. At the hearing IM said MI Ltd should have received the documents from the real estate agent on 8 December 2019, prior to the co...

5. [2023] NZEmpC 205 Supercity Towing Ltd v Huch [pdf, 216 KB]

   ...also Vulcan Steel Ltd v Manufacturing & Construction Workers Union [2022] NZEmpC 78, [2022] ERNZ 304 at [27]–[31]. 7 Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432 at [60]– [63]; and affirmed in Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696 at [43]–[46], [232]–[233] and [250]. of the objective intention of the parties, discerned from a reading of the whole agreement.8 [20] The Supreme...

6. Proceeds of Crime Fund full proposal template [docx, 277 KB]

   ...proposal? Maximum 300 words. A risk is something that hasn’t happened yet but has some probability of occurring (add more rows if required). · List the key risks involved. Consider risks that relate to reputation, public confidence, deliverables, human resources, and finances. · Consider the consequence or impact of each risk – minimal impact to the programme and agency or severe political/reputational damage, employees are harmed, severe impact on service delivery. · Consider the like...

7. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...were conditional upon the immediate filing of those substantive proceedings in the Authority once the search order has been executed. I was also satisfied by the affidavit evidence from the plaintiff’s accountant that it has ample financial resources to meet an order for damages pursuant to the undertaking it has given. [5] I made an interim suppression order relating to the affidavit evidence of the plaintiff’s financial situation and directed that it not be served on the de...

8. [2014] NZEmpC 108 Hamon v Coromandel Independent Living Trust [pdf, 81 KB]

   ...defendant and its Chief Executive Officer. [11] In the judgment dealing with the issues of stay and security for costs in this matter, Chief Judge Colgan stated: 12 A proper sense of proportionality must now apply to this case. Substantial resources have already been expended by the parties, by the mediation service, by the Employment Relations Authority and, even initially, by this Court in what can only be described as an apparent war between the parties in which the use of...

9. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   ...by his father and late mother for their immediate whānau. It is not therefore a case of ancestral land that has been handed down by succession. This is a situation where Mare Kupa has, according to the evidence, purchased the land with his own resources. He should therefore be entitled to derive a benefit from that land and continues to do so with his programme of sub-division, sale and rationalisation. 85 Tākitimu MB 195 [24] Further, I do not see how the 0.5 share of Mr K...

10. Te Manutukutuku Issue 1 [pdf, 2.7 MB]

    ...sufficient lands remain for the needs of the Te Roroa hapu in the areas under review; - to provide Te Roroa hapu of Waipoua with adequate public services and legal access to the Waipoua settle­ ment and sacred places in the block; - to protect fishing resources in specific lakes and water­ ways; and - to ensure that descendants of the original Maori owners were appropriately consulted in the management of the Taharoa public domain. The first two hearings of this claim were in June...