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1. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. [21] These provisions have been considered on several occasions. In Employment Relations Authority v Rawlings the Court of Appeal stated: 7 We are satisfied that s 179(5) and 184(1A) are intended to prevent challenge or review processes disrupting unfinished Authority investigations. But once the investigation is over and a determination has been made, there i...

2. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...maintained. (See In Re Waipahihi Maori Reservation (1978) 59 Taupo MB 184; In Re Mount Tauhara Maori Reservation (1977) 58 Taupo MB 168; and In Re Sections 722, 790, 792, 793 and 794 Town of Orakei Blocks IX Rangitoto Survey District (Orakei Marae) (1990) Appeal 1989/8) It is important that the underlying beneficial ownership be maintained and that successions be completed. While the legal estate vests in the reservation trustees, the beneficial estate remains in the original owners or...

3. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. [15] Rule 8.1 of the Māori Land Court Rules 2011 (“the 2011 Rules”) also governs rehearing app...

4. Alasdair Morrison (dated 2 June 2017) [pdf, 3.9 MB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-047 IN THE MATTER of an Appeal under Section 120 Resource Management Act 1991 BETWEEN Blueskin Energy Ltd Appellant AND Dunedin City Council Respondent BRIEF OF EVIDENCE of ALASDAIR CAMPBELL MORRISON Alasdair Morrison 23 Thornicroft Road

5. [2024] NZREADT 05 CAC v Pang (6 March 2024) [pdf, 227 KB]

   ...resulting from the case led him to reconsider his career in the industry and to relocate to China. Accusations of dishonesty were deeply hurtful and his integrity was questioned without understanding his difficult circumstances. [25] Mr Pang appeals for consideration of the penalty imposed and an understanding of the extenuating circumstances surrounding his actions. He is committed to rectifying his mistake and moving forward responsibly. [26] On 21 February 2024, Mr Pang sen...

6. Kerehi v Griggs - Ngapuketaurua 6C Section 1 (2017) 62 Tākitimu MB 210 (62 TKT 210) [pdf, 424 KB]

   ...[12] I am satisfied that the owners have had sufficient notice of the proposal and sufficient opportunity to consider it. 2 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [38]. 3 49 Takitimu MB 151 – 175 62 Tākitimu MB 213 Support? [13] Mr Bloor advised that as at 19 February 2016 he had responses from 18 of the 39 owners. 11 were in support of the proposal and 7 were against (...

7. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...of dismissal was defective notice. The Authority said the dictionary definition of “notice” means to provide an indication of a future event or “advance notification or warning”.14 [17] Reference was also made to dicta from the Court of Appeal in Ioan v Scott Technology NZ Ltd, in which it was held that the mere fact of a payment in lieu of notice does not itself prevent a termination from being a summary dismissal.15 [18] On the strength of its findings as to fact, the Aut...

8. [2020] NZREADT 21 - Hanford (12 May 2020) [pdf, 181 KB]

   ...decisions as providing some assistance in assessing the seriousness of Mr Hanford’s conduct, and the appropriate penalty. [20] In its substantive decision in Miller v The Real Estate Agents Authority (CAC 20003),5 the Tribunal considered an appeal brought by Mr Miller against the decision of a Complaints Assessment Committee to take no further action on his complaint against a fellow licensee (Mr Robinson). A purchaser had been introduced to a property by Mr Robinson while he w...

9. Solomon v Solomon - Manukau Lands Trust (2020) 66 TeWaipounamu MB 207 (66 TWP 207) [pdf, 248 KB]

   ...Waipounamu MB 214 (e) A duty not to make a profit for themselves out of the trust property or out of the office of trust. [28] The Court has power to remove a trustee for cause pursuant to s 240 of the Act. In Rameka v Hall the Court of Appeal held that there is a two-step approach to determine whether a trustee should be removed.5 First, have the trustees failed to carry out their duties satisfactorily? It is well established that it is not just a simple failure or neglect to...

10. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

    ...to it the $45,000 which the Applicant did. [4] H Ltd subsequently took proceedings in relation to matter. The Court found the Applicant to be in breach of its undertaking and found in favour of H Ltd. The Applicant intended to lodge an appeal against that finding but meanwhile a settlement agreement was reached between XX and the receivers of H Ltd, making the Applicant‟s appeal redundant. [5] The Respondent then filed a complaint with the New Zealand Law Society agains...