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1. Walsh - Whangawehi 1B3E (2004) 180 Wairoa MB 5 (108 WR 5) [pdf, 887 KB]

   ...can be made pursuant to s164/93. (ii) Should preference be given to Robyn Judd as against other members of the preferred class of alienees This matter was considered in the Maori Appellate Court at 9 Waiariki Appellate Court Minute Book 49 in an appeal by Ernest Northcroft. In its judgment the Court stated: " .. . when alienations are subject to preferred class preference being of the class does not give a person rights against other preferred class - the provision is a shield pr...

2. Taueki v Horowhenua District Council - Section 21 Block 1 Waiopehu (2004) 146 Aotea MB 154 (146 AOT 154) [pdf, 265 KB]

   ...{Jf (d) Prohibiting the distribution, by any trustee or agent, or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any ill the affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) ~Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section JTwy be expressed to be binding on the Maori Trustee. (3) Any injunction made by the...

3. BORA Farm Debt Mediation Bill [pdf, 310 KB]

   ...to more protracted legal proceedings. 17. Therefore, it is considered that any limit on the right to freedom of expression is justified under s 5 of the Bill of Rights Act. Section 27 – Rights to Justice 18. Although the Bill contains some appeal rights to decisions that are made under administrative review processes, these do not affect a person’s right to bring a judicial review action with respect to actions made under this Bill. Conclusion 19. We have concluded that the Bi...

4. 3. Ngati Paoa Trust Board - memmorandum of counsel - 6 September [pdf, 116 KB]

   ...and 8, which as the Privy Council observed in McGuire, constitute “strong directions, to be borne in mind at every stage of the planning process”.1 The ongoing relevance of the Privy Council decision has recently been confirmed by the Court of Appeal in RJ Davidson.2 1 McGuire v Hastings District Council [2000] UKPC 43, [2002] 2 NZLR 577. 2 RJ Davidson Family Trust v Marlborough District Council [2018] NZCA 316. 3 (g) A little earlier in time, the Supreme Court...

5. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   ...(b) a conflict of interest exists as he previously acted for all trustees. [5] I consider these issues in turn. 175 Taitokerau MB 253 Legal principles [6] In Accent Management Limited v Commissioner of Inland Revenue,1 the Court of Appeal summarised the relevant legal principles when considering whether to disqualify counsel: [32] The Court has jurisdiction to debar counsel or solicitors from acting where that is necessary in order for justice to be done or to be seen...

6. CAC 401 v Black and Wong [2016] NZREADT 64 [pdf, 84 KB]

   ...from the date of this decision. (b) Mr Black and Mr Wong are fined the sum of $1,500 each, to be paid within 28 days of the date of this decision. (c) Mr Black and Mr Wong are censured. [21] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ______________________ Ms K Davenport QC Deputy Chairperson ______________________ Hon P Andrews Chairperson ___________________...

7. Watson v Employers Mutual Ltd (Costs) [2020] NZHRRT 40 [pdf, 131 KB]

   ...award costs conferred by this section is broad. The principles to be applied in determining costs applications in this Tribunal were reviewed by the High Court in Commissioner of Police v Andrews [2015] NZHC 745 [2015] 3 NZLR 515 (Andrews). This appeal to the High Court followed a change in the Tribunal’s approach to costs, which was subsequently approved by the High Court in Andrews. [6] Andrews at [61] and [62] acknowledged that the Tribunal was right to express caution in applyin...

8. Principal Disputes Referee - position description [pdf, 128 KB]

   ...such tools • Monitor the performance of Referees • Compile and distribute decisions of interest • Provide information to Referees, Ministry of Justice and others as required on: – reserved decisions – adjournments – re-hearings – appeals • Advise the Ministry of Justice on ways to improve operational efficiency. Relationship management • Establish and maintain effective working relationships with Ministry of Justice staff, in particular District Court an...

9. CCRC Establishment Advisory Group biographies [pdf, 191 KB]

   ...tribunals for various sporting codes (most recently at Rugby World Cup 2019). He was the first Commissioner of discipline of counsel before the International Criminal Court (ICC), was subsequently elected as an alternate member of the Disciplinary Appeals Board for ICC counsel, and is presently the elected presiding member of the Disciplinary Board for ICC counsel.

10. Youth Court Factsheet [pdf, 40 KB]

    ...person’s case should be transferred to the District Court for sentencing. The judge may also order the parent or guardian of a child or young person to undertake a parenting education programme. In some circumstances, a child or young person can appeal decisions made by the Youth Court. This should be discussed with a youth advocate. youthcourt.govt.nz M O J0 21 3_ O C T1 9