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1. Kidwell v Karaitiana - Waipuka 3A3A(2019)78 Tākitimu MB 7 (78 TKT 7) [pdf, 272 KB]

   ...or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the court under this section may be expressed to be binding on the Māori Trustee. (3) Any injunction made by the court und...

2. Maritime Powers Bill [pdf, 151 KB]

   ...to deterrence. 29. Clause 43(2) provides that usual due process related to forfeited goods, as set out in the Customs and Excise Act 2018, applies to ships seized under the Bill. This provides the owners of seized ships with the usual options for appeal in cases where owners believe a ship has been wrongfully seized. 30. The approach taken to seizure in the Bill is not unusual, and such legislation is commonly, and necessarily, far-reaching in other comparable jurisdictions.11 It is rea...

3. CAC10073 v Philip Kenny Real Estate Ltd [2013] NZREADT 19 [pdf, 41 KB]

   ...serious and comprises a breach of the Act but, in this particular case, can be regarded as at the lower end of the scale due to the factors set out above. [41] 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 ______________________________ Mr G Denley Member ______________________________ Ms...

4. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...respectfully submitted that to allow this marina development to proceed would amount to a frustration of and a derogation of the original grant by the Delamore family. 26 16. In Mt Cook National Park Board v Mt Cook Motels ltd,[ 1972 ]the Court of Appeal applied the principle of non derogation of grant where a licensing fee imposed pursuant to a statutory bylaw was arguably so excessive it frustrated the related lease. Justice North stated that the maxim applies to all grants on th...

5. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...the mediation/conference should proceed by telephone or audio- 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygi...

6. Walker - Omahu 4C6 (2004) 176 Napier MB 16 (176 NA 16) [pdf, 1.6 MB]

   ...control of Maori land by Maori. 12. The application of these provisions to a change of status application has been considered and pronounced upon by the courts on numerous occasions. In Valuer­ General v Mangatu Inc (1997) 641, 649-651, the Court of Appeal stated: The Mi30ri Land Court exercises its powers and responsibilities in relation to applications to confirm the alienation of Mi30ri freehold land and to change its status to general land in conformity with the polices and principl...

7. Kiriona - Estate of Hiromina Ratima Pakai [2017] Chief Judge's MB 35 (2017 CJ 35) [pdf, 220 KB]

   ...120 Napier MB 214-215 should be amended as sought. Orders [12] Accordingly I make the following orders pursuant to Te Ture Whenua Māori Act 1993: 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2017 Chief Judge’s MB 44 (a) Section 44(1) amending the order made on 22 July 1985 at 120 Napier MB 214-215, in respect of Hiromina Ratima Pakai or Hiromina Mabel Renat...

8. [2020] NZEmpC 181 Evans v JNJ Management Ltd [pdf, 207 KB]

   ...directions from the Court are important because non-de novo challenges require different approaches, depending on the nature of the challenge. [6] In some cases, the challenge is to confined issues of law and the hearing will be in the nature of an appeal. In other cases, there are distinct claims before the Authority and a party does not wish to challenge the outcome in all of them. In such 3 Evans, above n 1, at [12]. 4 Employment Relations Act 2000, s 179. 5 Section 18...

9. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

   ...could not be brushed over lightly. For example see F Hammond Land Holdings Ltd v Elders Pasture Ltd (1989) 2 PRNZ 232 and Shivas v BTR Nylex Holding NZ Ltd [1997] 1 NZLR 318. [13] In Roseneath Holdings Ltd v Grieve [2004] 2 NZLR 168, the Court of Appeal summarised the essential purpose of an interim injunction, at 176: “The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for wh...

10. YC v LV LCRO 57/2013 (16 April 2015) [pdf, 44 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [40]-[41]. 4 on any particular review and the extent of the invest...