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1. Chambers - Akuaku A11B (2017) 44 Te Waipounamu MB 135 (44 TWP 135) [pdf, 192 KB]

   ...the lack of opposition to the proposed transfer is the fact which ought to carry the most 1 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 2 At [49]. 3 At [55]. 4 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 5 Matthews v Matthews – Estate of Graham Ngahina Matthews, above n 1, at [89]. http://www.legislation.g...

2. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...incorporation's affairs and appoint some person or persons to hold office as an additional member or additional members of the committee of management. 36. In both the Maori Trust Boards Act and the Te Ture Whenua Act, there is an avenue for appeal and reinstatement for any person removed due to a personal order that does not affect their ability to deal with property. In addition, the PPPRA provides for a reference to the Maori Land Court where it appears that an application for the...

3. Paerata v George -Tuaropaki A (Mokai Marae) (2022) 284 Waiariki MB 76 (234 WAR 76) [pdf, 233 KB]

   ...that the house belongs to the Mokai Marae Trust. 12 Tihi v Nuku — Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (Aggregated) [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25]. 13 Tihi v Nuku at [25]. 284 Waiariki MB 82 I whakapuaki i te 10:00am i Rotorua, te tuawha o ngā rā o Noema i te tau 2022. C T Coxhead JUDGE

4. Wellington Standards Committee v Logan [2012] NZLCDT 38 [pdf, 210 KB]

   ...conduct matters being dealt with under LPA post 1 August 2008, notwithstanding its repeal, is contained in s 353 LCA. That section provides a scheme for the completion of proceedings in relation to all investigations, inquiries, applications, appeals, and other proceedings of a disciplinary nature already commenced prior to the coming into force of LCA on 1 August 2008. Such matters are to be continued and completed “as if the Law Practitioners Act 1982 had not been repealed”....

5. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...[46] The developer of a residential property owes a non- delegable duty of care to an intended homeowner to ensure the construction of a structurally sound house. The starting point for analysis of the scope of a duty of care is the Court of Appeal decision Mount Albert Borough Council v Johnson,2 where it was held at page [241]: “We would hold that it is a duty to see that proper care and skill are exercised in the building of the houses and that it cannot be avoided by...

6. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...scope of review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

7. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...available in the particular circumstances. That is how the case was presented by both parties, and I proceed accordingly. 13 At [29]. [71] It appears to be common ground that when considering an interim injunction assessment on appeal, observations made by the Court of Appeal in NZ Tax Refunds apply.14 I agree. The Court relevantly stated:15 The grant of an interim injunction involves, of course, the exercise of a discretion. Such a decision is amenable to appeal,...

8. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 42 [pdf, 111 KB]

   ...decisions to prosecute. [31] We accept that the unsatisfactory conduct found was at the higher level of culpability. [32] Section 249 provides the Tribunal with a broad discretion in awarding costs, as has been recently affirmed by the Court of Appeal in Lagolago v Wellington Standards Committee 2.3 [33] Further, the legislation provides that, even in a situation of full acquittal, there is a provision granting the Tribunal ability to award costs.

9. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...Act a trustee ofTe Whaiti Nui A Toi T11Ist to serve a tenn of five years. [23] Mr Rangitauira is to fumish the COUlt with an application for e"tension of Special Aid to cover his clients' outstanding costs. [24] Should any patty wish to appeal our decision or apply for a rehearing we will put OUl' reasons in writing in dne course. For completeness we note that we have been assisted in providing the patties with a decision today by the submissions of both counsel filed...

10. 2021-04-15 HortNZ - ORC PC7 - Opening Submissions [pdf, 111 KB]

    ...own experience; and (f) Simon Webb – owner and director of Webbs Fruit who will also speak to his own experience. PLAN CHANGE 7 15. PC7 is a Ministerial call in under section 142 of the Resource Management Act 1991 (RMA). As a call in, appeals can only be made on points of law. This makes the outcome of this hearing incredibly important for all parties. 16. The plan change itself was intended to provide an interim planning framework to enable the transition of deemed...