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1. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...should not be regarded as definitive or as precluding further developments in this area of the law when greater refinement may be necessary. It is used to reflect the submissions in this case and is sufficient for present purposes." ~} [101] It is debatable whether this Comi has jurisdiction under section 18(1)(a) to find a remedial constructive trust. There is longstanding authority that section 18(1)(a) empowers the Court to declare existing rights of ownership in law or in...

2. Regulatory Impact Assessment relating to a cannabis regulatory model [pdf, 7.6 MB]

   ...PROACTIVELY R ELE ASED BY THE M IN ISTRY O F JU STIC E Impact Statement | 24 offence) has decreased over the last few years. In 2017/18, 41 people charged with selling or supplying cannabis received a prison sentence (11%), down from 101 (21%) in 2013/14. In 2017/18, 25 people (5%) charged with manufacture or cultivation of cannabis received a prison sentence, down from 62 (8%) in 2013/14. The average sentence length for sale/supply and manufacture/cultivation in 2017/18 was...

3. Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (2013) 63 Taitokerau MB 299 (63 TTK 299) [pdf, 224 KB]

   ........................................................................................................................................ 332 Orders............................................................................................................................................. 332 63 Taitokerau MB 301 Introduction [1] In my reserved judgment of 24 November 20101 I ruled that Carla Yates, the applicant and the owner of Lot 25, had a right of access over Lot 1 by reason of...

4. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   ...and the United States. Proposal 100. I propose the inclusion of a regulation-making power, so that a safe access zone could be implemented to prevent harm to pregnant women or health practitioners accessing a specific facility. Considerations 101. Safe access zones may support equity of access to abortion services and may serve to reduce stigma experienced by women and medical practitioners, therefore supporting the provision of safe clinical care. A provision for safe access zones...

5. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...submits this is a further admission by Police of interference in the plaintiff’s privacy. Police expressly accept that those documents have been unlawfully withheld. Implicitly Police accept there has been undue delay in providing them. [101] We accept that the delayed release of Supplementary Closed Bundle documents 12, 13, 20, 21, 25-28 and 30 can be taken as an admission there was no lawful basis to refuse to release them, and/or that there has been undue delay in providing t...

6. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...request followed the confidential settlement inevitably led Mr Houba to believe that there was a significant reason impacting on Mrs Byrne’s suitability to work on the Project. The totality of statements made on behalf of NZTA was disparaging. [101] I find that, when considered in the context in which they arose, the remarks made amounted to a breach of cl 9 of the record of settlement. [102] I referred earlier to the submissions made by counsel about two disparagement cases,...

7. August 2018 outstanding applicatrions [pdf, 388 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott CJ 2013/5 - Wharepouri Paoro also kn...

8. 1.-Lonnie-Dalzell-Owner-Interface-Manager.pdf [pdf, 400 KB]

   ...needed urgently. The Transport Agency is very grateful for the considerable input provided by tangata whenua, landowners, the relevant councils, other stakeholders, and members of the public, which has helped bring the Project to this point. 101. I have met with a wide range of people and organisations with a view to obtaining information to feed into the process, bringing issues to light at an early stage, and addressing them if possible. 102. The Transport Agency sees the su...

9. [2021] NZACC 126 - Botha v ACC (4 August 2021) [pdf, 534 KB]

   ...period between his final scan and birth. But he accepts that placental deficiency would have contributed to Kevin’s injuries. Dr Patel says that antenatal events are a far more common cause of cerebral palsy than acute perinatal asphyxia. [101] Dr Battin agrees the evidence is consistent with Kevin having suffered some degree of chronic suboptimal status in utero. He states that perinatal events are more likely to be the origins of the cerebral palsy than an unrecognised cause...

10. Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) [pdf, 342 KB]

    ...documentation in 1993 was appropriate. Those trustees had capacity to sign on behalf of the Bath Trust and were acting inside the scope of their powers. As a matter of law, the current trustees were bound by the actions of the trustees at the time. [101] He submitted that, given the history and nature of this trust, it was reasonable for Ms Adlam to have relied upon the authorisation of her co-trustees at the time, to sign the TG2 documents and to assume that the beneficiary groups...