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1. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

   ...percentage approach. 12 319 Waiāriki MB 200-233 at 206. 13 Submissions of counsel for the applicants, John Kahukiwa, 30 October 2023, at 82; Vincent v Lewis (2006) 25 FRNZ 714, [2006] NZFLR 812 at [81]; This summary was also cited by the Court of Appeal in O’Neill v O’Neill [2021] NZCA 585 at [16]. 322 Waiariki MB 39 [13] Mr Kahukiwa specified factors I need to consider in making orders:14 …the next guiding principle is just the nature of what we’re dealing with in...

2. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...IX,11 10 Ashwell – Succession to Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 11 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2024 Chief Judge's MB 1113 the Chief Judge must exercise [their] jurisdiction by applying the civil standard of proof of the balance of probabilities having regard to that standard’s inherent flexibility that...

3. Gabriel - Succession to Kupai Jack Hakopa Hawera [2024] Chief Judge's MB 1090 (2024 CJ 1090) [pdf, 290 KB]

   ...standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.7 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [21] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:8 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

4. Tairua - Succession to Tihema Takena Wihongi [2024] Chief Judge's MB 1669 (2024 CJ 1669) [pdf, 282 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [20] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 …The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the...

5. [2024] NZREADT 38 – TX v REAA (22 October 2024) [pdf, 161 KB]

   ...consideration; or (4) was plainly wrong. [44] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [45] We accept counsel’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any conclu...

6. [2024] NZREADT 41 – CAC 2103 v Jones Lang Laselle Ltd (29 October 2024) [pdf, 253 KB]

   ...the Act and the Audit Regulations by failing to record funds in the trust ledger and reconcile accounts. The Tribunal imposed a penalty of $7,500. [42] They also referred to the case of Burnett v Real Estate Agents Authority,8 where Mr Burnett appealed against the Committee’s finding of unsatisfactory conduct under s 72 of the Act. Mr Burnett’s agency had failed to comply with reg 15 of the Audit Regulations. Mr Burnett had failed to send reconciliations for almost every mont...

7. NZ Core document [pdf, 1.1 MB]

   ...judiciary’s position. This principle is reflected in the standing orders of the House of Representatives (their rules), which prohibit a member from criticising a judge. Further, the Constitution Act 1986 protects judges of the Supreme Court, Court of Appeal, and High Courts from salary reductions and politically motivated removal from office. 152. The New Zealand courts operate on an adversarial system. The highest court is the Supreme Court of New Zealand, based in Wellington. The Sup...

8. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 96 ACR 009/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MELISSA RANKIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 and 13 June 2023 Held at: Hamilton/Kirikirioa Appearances: Ms K Koloni for the Appellant S Churstain for the Respondent Judgment:...

9. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...specific that little of value can be taken from them. An exception, however, is the litigation in which relevant principles were restated, which began in the Employment Relations Authority, progressed to this Court,3 continued in the Court of Appeal,4 and went to the Supreme Court in Buchanan v Chief Executive of the Department of Inland Revenue.5 [48] In Buchanan, two employees with otherwise unblemished service whose duties included accessing confidential computerised informatio...

10. [2023] NZEnvC 037 Currie v Palmerston North City Council [pdf, 992 KB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE :tvIA TTER BET\VEEN AND .AND Decision [2023] NZEnvC 037 of an appeal under s 120 of the Resource Management Act 1991 ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE (ENV-2021-\VLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FARM LIMITED TRADING AS SOUL FRIENDS PET CRE:tvIA TIO NS Applicant Court: Environment Judge BP Dwyer Environment Commissi...