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1. Case study on forestry - Recommendations Recap issue 4 [pdf, 316 KB]

   ...findings and recommendations made by the coroner in each case. Despite this, it should be noted that they are not exact replications of coronial findings. The original finding should always be accessed if it is intended to refer to it formally. Please also note that summaries of circumstances and recommendations following self-inflicted deaths may be edited to comply with restrictions on publication of particulars of those deaths, as per section 71 of the Coroners Act 2006. Similarl...

2. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...information. The substance of the report itself which concludes at the end of four pages Claim 1240 Partial Determination 21 headed "General" does not contain any signatory reference and indeed concludes with the words: "Please note that this is a Pre-Purchase Report and must not be lodged with any territorial authority as a Safe and Sanitary Declaration" All in all I have formed the clear view that Mr & Mrs Nolan could have been forgiven for...

3. Waitangi Tribunal theme I - Māori and rating law [pdf, 549 KB]

   ...noted that it was an Act ‘to declare all Native Land to be Rateable Property’. Edward Smith, the member for New Plymouth, perhaps spoke for the majority of local body interests when he welcomed the Bill in Parliament. He said he ‘was very much pleased the Government had kept faith with the North Island people’ in bringing in the Bill: it was quite time these Native owners should be made to pay rates and taxes the same as Europeans . . . They had everything that civilisation and good g...

4. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...and abusive conduct of other marae trustees and beneficiaries to the point where the Police have been called to the marae on numerous occasions. Despite repeated requests to the trustees to intervene the applicant says that they have ignored his pleas and by such inaction have implicitly approved of the threatening and violent behaviour. For these reasons he says the trustees must be removed. [4] The trustees deny the allegations. They say that the applicant and his whānau have no...

5. Manuel v Waitakere City Council [pdf, 70 KB]

   ...Z flashing at the horizontal joint between the plywood cladding has not been installed. Window leaks (emphasis added). There is a fault with the windows allowing water ingress (emphasis added). [19] An inference can been drawn from that pleading that at the very least Mr and Mrs Manuel knew in September 2001 that their house had some problems with water ingress. [20] It is submitted by both the First and Second respondents that the claimants, Mr and Mrs Manuel, had actua...

6. Tuwhangai v Boon - Kawhia U 2B (2018) 173 Waikato Maniapoto MB 99 (173 WMN 99) [pdf, 442 KB]

   ...Boon is alleging is that the Court order did not reflect Mr Tuwhangai’s and Mrs Ormsby’s true legal and equitable interests, thus it is invalid. 173 Waikato Maniapoto MB 120 [85] The trust arguments as advanced are in reality a general plea to equity to intervene and set aside the 1992 order on the basis of an alleged invalidity or more generally unconscionability. [86] The difficulty Mrs Boon faces is s 77(1) of the Act which reads: 77 Orders affecting Maori land conclus...

7. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...plaintiff’s ongoing obligations of confidence and included expanded undertakings of confidentiality in relation to matters arising from the employment investigation. [4] The plaintiff subsequently appeared in the District Court and entered a plea of not guilty on the criminal charges. The charges were subsequently withdrawn by leave on 4 February 2015. [5] It is apparent that by this stage the plaintiff felt very aggrieved. He decided to prepare a video in which he set out his...

8. Justice Matters July 2019 [pdf, 3.5 MB]

   ...support newly graduated police induction 2 2 4 6 7 8 9 9 10 11 12 13 14 16 18 CONTENTS Justice Matters is a quarterly newsletter produced by the Ministry of Justice’s Communications team. If you have any feedback on this publication, please let us know. commservices@justice.govt.nz | justice.govt.nz https://twitter.com/@justicenzgovt https://www.linkedin.com/company/new-zealand-ministry-of-justice mailto:commservices%40justice.govt.nz?subject= https://www.justice.govt.n...

9. [2022] NZREADT 7 - WM & NU v Real Estate Agents Authority (28 April 2022) [pdf, 317 KB]

   ...regard to Mr Cartwright’s previous disciplinary record, as noted by the Committee in setting the orders. Previous disciplinary record of Mr Cartwright [102] On 6 July 2018, the Tribunal found Mr Cartwright to be guilty of misconduct, following a plea of guilty.27 He was censured, ordered to complete a paper (unit standard 23136 – described by the Tribunal as knowledge of misleading conduct and misrepresentation), ordered to pay compensation of $30,518.50 to the purchaser of a...

10. McDonald v Accident Compensation Corporation [2015] NZACA 14 [pdf, 207 KB]

    ...investigate the pain. He had suffered agonising pain and mental anguish for over two years without the stump revision. This would not have occurred if the ends of the tibia and fibula had been bevelled. The spike would have been removed, if his plea for help had been taken seriously. [65] The Corporation again declined cover on 8 February 2001. The claim being considered was not described, but it appears to be the amputation surgery. The Corporation said that the adverse conse...