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1. [2020] NZREADT 23 - SureCapital Real Estate Limited (12 June 2020) [pdf, 179 KB]

   ...working days after receipt of the submissions for SureCapital. [2020] NZREADT 23 - SureCapital Real Estate Limited [58] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ___________________ Mr G Denley Member __________...

2. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...finishing by June 2002. The Wairarapa and Urewera inquiries will follow a similar track as will any new inquiries as they come on stream. In the meantime, the northern South Island inquiry awaits a hearing on procedural matters in the Court of Appeal before it can recommence its progress. The cen- tral North Island districts of Rotorua, Taupo, and Kaingaroa are being readied for hearing in an intensive research process. Other districts such as the King Country, Whanganui and the East...

3. Kani v MacDonald - Waimarama 3A6B6B Inc. (2021) 88 Takitimu MB 148 (88 TKT 148) [pdf, 331 KB]

   ...of the incorporation’s annual accounts; it was simply a question of costs, given the losses that had been made in recent years. 8 Watson v Parker - The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543) 9 82 Tākitimu MB 164-180 (82 TKT 164-180) at 169 88 Tākitimu MB 156 Kōrerorero Discussion [24] Section 277 of the Act states: 277 Appointment and duties of auditor (1) The shareholders of a large Maori incorporation...

4. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

   ...and questioning the value of an insincere apology. He queried whether an ordered apology might encroach on rights of freedom of expression under the New Zealand Bill of Rights Act. The short answer to those submissions is that this is not an appeal or review of the LCRO decision. In any case, the order was lawful.5 [10] The letter comprises 12 paragraphs. It expresses Mr Kennelly’s internal conflict in being forced to apologise when he thinks that is unjust. He bolsters his pos...

5. Wilton TRI-2021-100-002 Procedural Order 26 [pdf, 182 KB]

   ...for “without substantial merit” is objective.14 In Dewes v IAG New Zealand, the CEIT determined the question to be “what ought the party and its advisors have known about the prospects of the argument in question being successful?”15 On appeal, the High Court accepted the CEIT’s approach to the issue.16 [32] In Trustees Executors Ltd v Wellington City Council, Simon France J found that the defendants had advanced a case without substantial merit.17 In considering whet...

6. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...that he had been unable to write up the books because he was ill and admitted that he should not have certified to the Law Society that the accounts complied with the Society’s rules. [47] The charges against the solicitor were made out and on appeal the Court held that:9 7 B v Medical Council [2005] 3 NZLR 810 (HC) at 811. 8 Re a Solicitor [1972] 2 All ER 811. 9 Above n7 at 815. 9 on the charge of failing to keep th...

7. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...child. The Ministry of Social Development (MSD) has advised that the DPB rate is equivalent to the widow’s benefit. 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

8. [2024] NZEmpC 29 E Tu Inc v New Zealand Steel Ltd [pdf, 278 KB]

   ...receive. 10 Aviation and Marine Engineers Assoc Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71] – [72]; New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17]; not doubted on appeal – Air New Zealand Ltd v New Zealand Air Line Pilots’ Association Inc [2016] NZCA 131, [2016] 2 NZLR 829, (2016) 15 NZELR 105 at [76], and New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR...

9. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...criticise his or her conduct. It is the means by which the Committee can most strongly express its condemnation of what a practitioner has done, backed up, if it sees fit, with a fine and remedial orders. [86] I am aware that this decision is under appeal, but the fact that section 156(1)(i) of the Act contains the two different word does indicate that it was not intended that these words should be considered to be synonymous. I have applied the comments of the Court in that decis...

10. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

    ...following children: Paratene Ututaonga ma Pereri Ututaonga ma Rapata Ututaonga ma Tame Ututaonga ma 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 553 Whare Ututaonga ma Wiremu Ututaonga ma Haki Ututaonga ma Roi Ututaonga ma Ihipera Ututaonga fa Mokeke Ututaonga fa Pani Ututaonga fa Maraea Ututaonga fa [15] The Court found that t...