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1. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. [18] That section has been described by the Court of Appeal decision in Ngaronoa v Attorney-General in the following terms: 9 [119] Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, correspon...

2. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

   ...variety of estoppel is res judicata. This results from the rule which prevents the parties to a judicial determination from litigating the same question over again, even though the determination is demonstrably wrong. Except in proceedings by way of appeal, the parties bound by the judgment are estopped from questioning it. As between one another, they may neither pursue the same cause of action again, nor may they again litigate any issue which was an essential element in the decis...

3. Deputy Registrar - Estate of Hohepa Ripia [2016] Chief Judge's MB 869 (2016 CJ 869) [pdf, 273 KB]

   ...(i) Deleting reference to the following land interests: Block Share 1. Maungaturoto E 0.779 2. Ngatihine H2B 8.000 3. Pakonga C 1.889 5 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2016 Chief Judge’s MB 879 4. Waiwhariki 2C2B 0.445 5. Wainui Island 0.666 (ii) Re-vesting the following interests back into the name of Hohepa Ripia (son of Paki...

4. Trustees of Tauranga Taupo 1B2B2 - Kiko Road (2003) 271 Rotorua MB 155 (271 ROT 155) [pdf, 654 KB]

   ...acquired further interests or there was a difference in land values across the block, or both. The application was made by a nonseller and as a consequence of an arrangement with the Crown. Orders were made without objection. There was never any appeal and there is no suggestion of any litigation which attempted to upset the scheme. The Court had before it a plan which enabled it to describe the severances by way of boundary length and in reference to particular letters upon the pla...

5. Gray - Estate of William Robinson Hawaikirangi [2019] Chief Judge's MB 123 (2019 CJ 123) [pdf, 315 KB]

   ...(2019 CJ 19-36). 2 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 3 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 130 the interpretation of the law, and it is necessary in the interests of justice to correct its record. For this reason, s 45 applications must be accompanied by proof of the flaw identified eit...

6. [2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment Australia Pty Ltd [pdf, 96 KB]

   ...was presented in the course of the provision of mediation services; or … [25] Turning to case law which has considered the section, Chief Judge Colgan summarised the principles to be distilled from the Employment Court and Court of Appeal decisions of Jesudhass, 5 and the later decision of Te Ao v Chief Executive of the Department of Labour, 6 in the case of Rose v Order of St John, as follows 7 The principles distilled from these cases are as follows. All communi...

7. [2017] NZEmpC 38 Eden Group Ltd v Jackson [pdf, 111 KB]

   ...hearings are open to the public and can be freely reported. Documents produced in court are available for inspection. However, the High Court Rules recognise that outside of that hearing process (and a brief window of opportunity relating to the appeal period), persons other than the parties need permission to inspect documents held on the court file. The reason for this distinction was described by Toogood J in X v Standards Committee (No 1) of the New Zealand Law Society in the...

8. Hinaki - Whangara A5 (2023) 116 Tairāwhti MB 143 (116 TRW 143) [pdf, 421 KB]

   ...demonstrate that the partition is essential rather than simply desirable or 6 Neal - Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) at [30]. 7 MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Maori Appellate Court MB 259 (2016 APPEAL 259) at [62]. 8 Te Ture Whenua Māori Act 1993, s 288(4)(a). 116 Tairāwhiti MB 150 expedient.9 In this respect I agree with Mr Revington, that this application relates to a small area of land surrounded by farmland and t...

9. WK v YL LCRO 132/2014 (26 Aug 2015) [pdf, 55 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 on any particular review and the extent of the investigations necessary to conduct that review. Review Issue [39] Ms WK appears dissatisfied that Ms YL refused to relea...

10. Carley - Succession to Herbert Adams [2021] Chief Judge's MB 1264 (2021 CJ 1264) [pdf, 343 KB]

    ...& Glenavy - Waihao 903 Section IX Block.9 I do not propose to repeat those principles again in this judgment. 7 By way of email dated 22 June 2021. 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 1274 [14] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented...