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1. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been briefed quite recently is of no concern to us here and even t...

2. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...for any type of legal aid query. Calls will be answered by legal aid staff in the Wellington office, 8am–5pm, Mon–Friday. 0800 2 LEGAL AID 0800 253 425 We work with the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, 58 district courts, the Environment Court, Employment Court, Coroners Court, Māori Land Court and Waitangi Tribunal We support 28 other tribunals, authorities and committees (including the Disputes Tribunal and Tenancy Tr...

3. Waitangi Tribunal - issue 59 of Te Manutukutuku [pdf, 669 KB]

   ...right-holders, and without compensation. Today, the 2 3 6 8 5 9 Tribunal Report on the foreshore and seabed cont inued on page 3 Crown wishes to restore that situation of effective Crown ownership, which had been challenged by the Court of Appeal. The Tribunal found that there is no over- whelming need for the Crown to do this in the national interest, or to set aside Treaty protections. It considered that, at the very least, the Crown must compensate those who will lose proper...

4. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

   ...transaction vote. [13] Counsel for Te Korowai also referred to the concurrent Environment Court proceedings regarding the Mt Messenger project. Counsel advised that the Environment 415 Aotea MB 171 Court has issued an interim decision, the appeal of which is to be heard by the High Court in August 2020. In this regard, counsel noted that there does not seem to be any urgency to undertake the major transaction vote immediately, as it could potentially be held in June and...

5. Committee on the Elimination of All Forms of Racial Discrimination – summary record 12th-14th reports (continued) [pdf, 125 KB]

   ...information on the international legal status of the Cook Islands and to indicate whether New Zealand had arrested any individuals involved, directly or otherwise, in the attacks of 11 September 2001. 30. Mr. THIAM asked whether there were any remedies of appeal against decisions taken by the Attorney-General. He asked whether a victim of racist acts could apply to the Race Relations Conciliator if the Attorney-General deemed his or her complaint inadmissible. 31. Mr. PILLAI welcomed t...

6. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...expectation of privacy), under section 21 of the NZBORA and wider privacy values.12 These are related to bodily integrity, bodily autonomy and the protection of personal information for the individual and their familial connections. 10. The Court of Appeal has also noted that retention of DNA profiles on the databanks enables ongoing monitoring by the state.13 The effects of the regime may also have discriminatory impacts, engaging the right to freedom from discrimination under s...

7. Chee v Stareast Investment Ltd [2010] NZWHT Auckland 33 [pdf, 298 KB]

   ...two cladding cracks were apparent at Page | 7 the time of the first assessor’s report more widespread cracking has occurred since then. PROCEDURAL ISSUES [14] This claim was originally heard in the Tribunal in June 2009. An appeal was filed against the determination and the High Court referred the matter back to the Tribunal to be reheard. A case conference was convened to set a timetable for the re-hearing and the parties agreed that even if a new adjudicator...

8. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...provide that written statement within 14 days of receiving the Employee's request. 15.7 In the event the matter is not resolved by mediation, the matter may be referred to the Employment Relations Authority for decision. Either party may appeal the decision of the Employment Relations Authority to the Employment Court[.] [52] Mr Zivaljevic’s evidence was that, when his employment was terminated, he was initially focussed on the substantive issues, in particular around rede...

9. Territorial Authorities - JS McGirr - Supplementary - 12 May 2021.pdf [pdf, 2.1 MB]

   ...of this permit, any new application should be lodged at least 6 months prior to the expiry date of this permit. Applying at least 6 months before the expiry date may enable you to continue to exercise this permit until a decision is made, and any appeals are resolved, on the replacement application. 2. The water meter, datalogger and telemetry unit should be safely accessible by the Consent Authority and its contractors at all times. Issued at Dunedin this 20t...

10. [2018] NZEnvC 010 David Mulholland Consulting Engineer Ltd v Whanganui District Council [pdf, 849 KB]

    ...stability of the proposed retaining structure, and the land and buildings affected by it. In practical terms, one could almost certainly predict that the only evidence that would satisfy a Councilor other RMA decision-maker (eg this Court on an appeal) about those issues would be that of a suitably qualified and experienced geotechnical engineer. The Council's position [14] As a first issue, Ms Mcindoe submits that Declaration 1 (as sought) is not within the scope of s31 O. I...