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1. Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]

   ...couple would have put their money and efforts into obtaining a first home elsewhere without cloudy title. It is a clear enough case of improvement through encouragement and in the expectation of interest… The Court also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features, which if established would show it would be unconscionable to deny the claimant an interest:16 (a) Contributions, direct or indirect, to the property in ques...

2. [2019] NZEmpC 190 Maddigan v Director-General of Conservation [pdf, 304 KB]

   ...Department’s policy. [13] A further email was sent to Mr Roberts on 1 November 2016, advising that Mr Maddigan was obtaining more information from the Police, that the 31 October 2016 Court date had been changed to 21 November 2016, and that the appeal would be heard within the next two weeks. Clearly what was being sought on Mr Maddigan’s behalf was deferral of the disciplinary process until issues with his licence had been resolved by the Courts. [14] In the meantime, Mr...

3. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

4. Rata - Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge's MB 74 (2020 CJ 74) [pdf, 432 KB]

   ...12. Anecdotally, it is understood that Mr Setter may be retiring from farming operations and his stated reasons for the orders sought may no longer be applicable. 13. The applicants did not become aware of these orders until after both the appeal and rehearing periods had elapsed and now seek the intervention of the Chief Judge so that all relevant facts regarding access and Whataarakai Roadline can be made known. 14. All of the above is respectfully submitted. b) Impact...

5. Te Manutukutuku Issue 30 [pdf, 8.9 MB]

   ...decision said that Maori were "significantly disadvantaged" by the way the Maori Option exercise was carried out. But, because the Govenlment handling of the option was not "substantially unfair", the Court did not uphold an appeal by the Maori Congress, Maori Women's Welfare League and others that the exercise was unlawful. The court did say, though, that the Crown should feel "some concern" at what had occurred, and that an "extensive ef­...

6. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...of good faith under s 4 of the Act, via s 100D(4). [92] My earlier discussion resolves this issue. A refusal to comply with an LPS agreement may fall for assessment under s 4, not via s 100D(4) but by s 100D(2). [93] Further, as the Court of Appeal noted in New Zealand Professional Firefighters Union v New Zealand Fire Service Commission, a breach of a relevant agreement may not necessarily amount to a breach of good faith, for example, if there has been a genuine misinterpretati...

8. LCRO 76/2020 FV v GT (23 July 2021) [pdf, 269 KB]

   ...scope of review [78] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

9. LCRO 71/2022 OM v NT (22 July 2024) [pdf, 239 KB]

   ...scope of review [43] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

10. Name suppression processes for victims of sexual violence [pdf, 493 KB]

    ...v Police (ibid) at p. 21. 7 newspaper publicity, which the learned District Court Judge referred to as going “close to the wire”, there would have been no possible basis to order suppression of name now. I suppose the outcome of this appeal is simply an illustration, or example, of how the concept of freedom of speech and openness of justice can, if stretched when not permitted, lead as is the case here to the press being denied later the right on behalf of, and as surrogat...