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1. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...judiciary. While Chief Judge of the Māori Land Court, Sir Joe served as Deputy and Acting Chairperson of the Waitangi Tribunal from 1999 to 2004 and then as Chairperson up to his appointment to the High Court in 2008. He was appointed to the Court of Appeal in December 2017 and as the first Māori judge of the Supreme Court in May 2019. Dr Aroha Harris was made a Member of the New Zealand Order Achievements and service recognised in the 2020 New Year honours list of Merit for se...

2. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

   ...Tipene v Tipene the Court considered whether a non-owner had an equitable interest in a house to which she and her husband had made substantial improvements.9 The Court considered the principles of constructive trust and also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features a claimant must show for the imposition of a constructive trust:10 1. Contributions, direct or indirect, to the property in question. 2. The expectation of...

3. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 59 [pdf, 234 KB]

   ...directions conference will then be scheduled to make any necessary timetable orders. [95] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

4. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031, [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such miscon...

5. [2015] NZEmpC 180 Keepa v Go Bus Transport Ltd [pdf, 150 KB]

   ...natural justice”. An employer carrying out a disciplinary function is not acting judicially and the principles in Saxmere specifically dealing with judicial bias do not apply. It has been well established in decisions such as that of the Court of Appeal in Board of Trustees of Marlborough Girls College v Sutherland 9 and the High Court in Peters v Collinge 10 that the high standards applying to judicial officers do not apply to an employer carrying out a disciplinary function...

6. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...that contained in the Contributory Negligence Act 1947 applying to certain liability for tortious damage. (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168, 172 the Court of Appeal outlined the correct approach to constructive dismissals as follows: In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer. To...

7. Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) [pdf, 340 KB]

   ...are outside Ngāti Tuwharetoa and can make further submissions on this if necessary. Respondents’ submissions [39] Counsel submits that per s 237 the Court has the same powers as the High Court in respect to trusts. In line with the Court of Appeal decision in Kain v Hutton counsel submits that when exercising its supervisory function the Court can only be concerned with the welfare of the beneficial owners. Mr Hickman argues that the enduring concern for the applicant is that...

8. [2017] NZEnvC 135 Save Wanaka Lakefront Reserve v Queenstown Lakes District Council [pdf, 7.6 MB]

   BEFORETHEENWRONMENTCOURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC135 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act SAVE WANAKA LAKE FRONT RESERVE INCORPORATED (ENV-2016-CHC-54) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent WANAKA WATERSPORTS FACILITY TRUST Applicant Court: Environment Judge J J M Hassan Environment Commissioner W R Howie Environment Commissioner K A Edmonds Hearing: In Chambers a...

9. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...to ensure that it followed the process set out in the contract. [50] It was submitted that WDL ought to have done more following the meeting to advocate for Mrs Hill’s position or, following advice of the final decision, taken steps to ‘appeal’ it on her behalf. The meeting concluded on the basis that Corrections had ten days to reach its decision. Mrs Hill had been given an opportunity to comment at the meeting and took no steps following the meeting to raise further mat...

10. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

    ...then found: Mr Saad offered Mr McIvor 30 hours a week at the minimum wage but this was not acceptable to Mr McIvor. Mr McIvor refused the offer and handed Mr Saad a letter of resignation. [25] The Authority cited the judgment of the Court of Appeal on constructive dismissal in Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW. 2 That required the Authority to consider first whether the resignation was caused by a breach of duty on the...