Search Results

1. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...direct our Registrar to arrange a Directions Hearing by telephone with our Chairman as to an appropriate timetable procedure towards a fixture before us. [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms...

2. Deputy Registrar – Lot 1 DP 2811 (2013) 18 Te Waipounamu MB 287 (18 TWP 287) [pdf, 116 KB]

   ...implies Henry 4 Laws of New Zealand Land Law: The Place of Land Law in New Zealand (online ed) at [7]. 5 Maori Land Court - Lot 300, Parish of Waioeka (2010) 2010 Maori Appellate Court MB 12 (2010 APPEAL 12) at [52]. 6 Faulkner v Tauranga District Council [1996] 1 NZLR 357. 7 Whaanga – Mahia Township Sections 90 and 91 (2000) 34 Tairāwhiti Appellate Court MB 12 – 31 (34 APGS 12-31). 8 Whaanga v District Land Registrar HC Napier CP...

3. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules)] the Committee confirmed that “lawyers also have a fundamental duty to act on instructions from their clients and to keep these confidential”.5 [9] The decision cites a Court of Appeal decision which examined a lawyer’s duty to their client, and concludes its discussion of the complaint by stating that: 6 To investigate [the complaint] would unavoidably require inquiry into the instructions between lawyer and cli...

4. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...action is to restrict that freedom. [2] 6. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or...

5. [2006] NZEmpC AC 33/06 Roberts v Commissioner of Police [pdf, 41 KB]

   ...removed Mr Roberts as a member of the police in October 1998. In the language of employment law, he was dismissed. [4] As the Authority’s determination sets out, in January 1999 Mr Roberts wrote to the Commissioner stating that he wished to appeal the decision to dismiss him “by way of personal grievance” and sought a rehearing, I assume of the police tribunal’s inquiry under s12 of the Police Act that the Commissioner was empowered to direct under reg 27 of the Police Regu...

6. Bailey - Ngati Rahiri 1G1A and 1G1B (2004) 135 Aotea MB 158 (135 AOT 158) [pdf, 491 KB]

   ...Court may make partition orders, amalgamation orders, and aggregation orders, grant easements, and layout roadways in accordance with the provisions of this Part of the Act. " Section 288 of the Act is of particular relevance to the present appeal. It states: /I 288 Matters to be considered (1), In addition to the requirements of subsections (2) to (4) of this Section, in deciding whether or not to exercise its jurisdiction to make any partition order, amalgamation order, or aggr...

7. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. Allan v Thomas - Lot 1 Deposited Plan 64773 (2022) 255 Taitokerau MB 288 (255 TTK 288) [pdf, 260 KB]

   ...have no jurisdiction to do so. [42] While I have jurisdiction to grant this injunction, I cannot do so on the evidence before me. 9 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 255 Taitokerau MB 295 Decision Kupu whakatau [43] Although this application indirectly relates to a Māori Reservation, I have no jurisdiction to determine it. Any such proceeding would have to be brought in the High...

9. Hill v Accident Compensation Corporation (suspension of entitlements) [2022] NZACC 239 [pdf, 456 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 239 ACR 57/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ROCKY HILL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 6 September 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: M Darke for the appellant J Sumner for the respondent Judgment: 8 Dec...

10. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

    ...was a “mistake” for the purpose of the section. My understanding of s 28 is that it applies only where the mistake is an essential ingredient of the cause of action – for example, a payment under a mistake of fact or law. In the Court of Appeal case of Vanvi Ltd v Dawson [1980] 1 NZLR 513, Cooke J said that the same provision in the Limitation Act 1939 (UK) had been regarded as applying to actions in quasi-contract for the recovery of money paid by mistake of fact, and to clai...