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1. Gibbs v Te Runanga o Ngati Tama - Part Lot 2 and Lot 1 DP 4866 (TNK 4/901) and Section 1 SO 10359 CT TNK4/792 (2011) 274 Aotea MB 47 (274 AOT 47) [pdf, 370 KB]

   ...the Applicants and their children – in the face of both opposition and support from tangata whenua. 15 Naera v Fenwick – Whakapoungākau 24 (2011) Māori Appellate Court MB 316 (2011 APPEALS 316) at para [58] 274 Aotea MB 62 The Law [53] Section 338 of Te Ture Whenua Māori Act 1993 states: (1) The Chief Executive may, by notice in the Gazette issued on the recommendation of the Court, set apart as Māori reservat...

2. FT v NSC LCRO 261 / 2010 (21 October 2011) [pdf, 104 KB]

   ...reason is simply as provided in the preceding paragraph – namely that I did not consider there was any strength in his application. It is difficult to see what further reason need be provided. [18] UQ has subsequently referred me to a Court of Appeal decision (Taylor v The Queen [2010] NZCA 628) where the Court applied earlier authorities that the giving of earlier adverse rulings, even adverse findings of credibility, will only “in the rarest of circumstances” (Muir v Commiss...

3. Taukiri – Parish of Karamu Lot 197A (2013) 52 Waikato Maniapoto MB 294 (52 WMN 294) [pdf, 134 KB]

   ...registered the certificate of title issued in favour of Kereti Scott and Hera Scott. Hera Scott transferred her share to Kereti Scott in 1960 and Kereti Scott became the sole owner of the land, which the lower Court determined to be European land. On appeal the Māori Appellate Court stated: What is necessary to have been vested is the land, the whole of the land in the title, and not merely an undivided interest therein. [29] The Court went on to state that: Wherever land is def...

4. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...professionals to achieve a joined-up approach to the Family Justice Service? We think that the information needs to be provided in a simple easy to follow way. It should be provided in a number of languages and videos should be used along with appealing graphics, pictures and stories of “people like them”. It should utilise technology that has interaction with a person via “live chat” in real time for any questions that people may have. Furthermore the Ministry should cons...

5. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...Zealand’s letter to the client by email on 27 July 2015. She asked him to call her. [17] On 30 July 2015, Ms Ortiz responded by email to Immigration New Zealand advising that the client’s dairy industry experience was false and seeking “an appeal on humanitarian considerations for the Waiver of the Character Requirements”. His real skill was as a barber. She blamed the staff of the recruiter he had earlier used. [18] From September 2015, the client was given a weekly $40...

6. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...detention and treatment without a final determination of the court should be 14 days. [10] We raised this issue with officials from the Ministry of Health during the drafting of the Bill. 47. Turning to the question of arbitrariness, the Court of Appeal has stated that a detention is arbitrary when it is “capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” [11] The length of de...

7. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

   ...anything, simply an employment issue between him, the defendant licensee, and PGG Wrightson, and does not amount to conduct that could warrant a disciplinary finding by us. [37] In Miller v REAA & Robinson [2013] NZREADT 14, we considered an appeal from a Complaints Assessment Committee decision to take no further action in respect of an allegation that a salesperson, after ending his employment relationship with an agency, removed files from that agency. The Committee initially c...

8. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

   ...something is a different flavour, and whether the flavour has become a poison, can only be determined in a particular case by the familiar techniques of close analysis of the facts, and the commonsense application of judgment.” [28] The Court of Appeal has confirmed that a practitioner cannot properly discharge his or her “duties to one whose interests are in opposition to those of another client”.3 2 Taylor v Schofield Peterson [1999]...

9. [2018] NZLCDT 4 Auckland Standards Committee 3 v Ellis [pdf, 398 KB]

   ...providing services to his clients (in terms of Chapter 5 of the Rules). [61] While the decision of Farrington v Rowe McBride & Partners26 is authority for the proposition that multiple engagements may not be “necessarily fatal”, the Court of Appeal made it very clear that “a solicitor’s loyalty to his client must be undivided”. [62] We accept Mr Collins’ further submission that the prohibition from acting for more than one client where there is a more than negligib...

10. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

    ...scope of review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … 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 th...