Search Results

1. DT-guide-to-completing-the-application-form-Tongan.pdf [pdf, 213 KB]

   ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...

2. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...estate will be regulated services. [48] TF disagrees with that decision for the following reasons: - (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Millett...

3. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...the risk of perception of a conflict. [89] In the leading decision of Russell McVeagh McKenzie Bartlett & Co v Tower Corporation,9 [90] The Court considered that it should disqualify a lawyer from representing a party when: the Court of Appeal considered an appeal from a decision to disqualify a law firm from providing advice to a competitor of an existing client of the firm in proceedings brought against an existing client. That decision considered the balancing exercise...

4. Collier - Torere Reserves Trust (2020) 241 Waiariki MB 13 (241 WAR 13) [pdf, 261 KB]

   ...prohibit the distribution of money collected for rent, purchase, royalties, etc. of the alienation of land, or of compensation payable in respect of other revenue derived from the land, affected by any order to which an application under s 45 or an appeal under Part 2 relates. [30] The established principles for granting a permanent injunction have been addressed by the Māori Appellate Court in Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block as follows:6 [15] In...

5. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Rameka v Hall the Court of Appeal cited with approval the relevant legal test for removal of trustees as set out in by the Māori Appellate Court in Apatu v Trustees of Owhaoko C1 and 2C: 10 [30] The settled approach in the Maori Appellate Court in applying s 240 i...

6. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

   ...Winkelmann J provided helpful guidance on the nature and scope of an LCRO review. She described the review framework in the Act as creating “a very particular statutory process”.2 [27] Her Honour noted that the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reachi...

7. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...is clear. In terms of Vector Gas Ltd v Bay of Plenty Energy Ltd, 7 the Court is required to apply a principled approach to the interpretation of employment agreements and any dispute as to meaning must be determined objectively. The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 8 affirmed that the decision of the Supreme Court in Vector Gas, although applying to the construction of a commercial agreement, was applicable to the...

8. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...parties or submitters to join the proceedings. 19. In my submission successors to any 274 parties would automatically be able to continue their involvement in the direct referral process4 and any successors to a submission could seek to join the appeal as a section 274 party using the waiver process described above. 1 Section 274(1)(d) of the RMA 2 Section 274(1)(e) of the RMA 3 Te Mauri o Te Wai Inc v Northland Regional Coun...

9. Hohepa v Cassidy - Waima C30A and Waima Topu B (2018) 182 Taitokerau MB 166 (182 TTK 166) [pdf, 337 KB]

   ...Torts in New Zealand, which states damages are recoverable for consequential loss, such as loss of profits or expenses incurred as a result of the trespass, provided it is not too remote.9 This commentary refers to the decision of the Court of Appeal in Mayfair Ltd v Pears.10 [47] In Mayfair, the defendant unlawfully parked his car in a building on the plaintiff’s land. The car caught fire causing damage to the building. The Court held that the defendant was not liable for th...

10. JG v RS LCRO 245 / 2010 (15 March 2012) [pdf, 97 KB]

    ...rendered by us to our client, the plaintiff, were irrelevant to that process and should not have been taken into consideration in the Committee’s overall determination” [44] If Mr JG took issue with Judge Cunningham’s decision, he should have appealed it to the High Court. The complaints process and this review is no substitute for an appeal and both the Standards Committee and myself must proceed on the basis of the Judge’s decision. [45] That decision was that the Co...