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1. Surnamecrown v Haig-Clarke - Kaiaua 1 (2022) 269 Waiariki MB 20 (269 WAR 20) [pdf, 215 KB]

   ...Kupu Whakatau The decision [19] The Court has no evidence that the trust is failing to adhere to their terms of trust and there is poor accountability. 3 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 269 Waiariki MB 25 [20] Termination of the whānau trust will clearly result in detriment or create unreasonable disadvantage to Jenelle, a daughter of Wakarara Potae Te Aute Haig-Clarke and a beneficiary of the wh...

2. Expression-of-Interest-High-Court-Judge-2024-form [pdf, 385 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

3. [2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd [pdf, 192 KB]

   ...Almond v Read, the Supreme Court noted that the merits will not generally be relevant where there has been an insignificant delay as a result of a legal adviser’s error and the proposed respondent has suffered no prejudice (beyond the fact of an appeal).6 [23] While the delay was not the result of a legal adviser’s error, it was the result of Mr Herrett being unable to obtain advice from his existing adviser. The situation is similar enough that the principles are helpful in...

4. Expression-of-Interest-High-Court-Judge-2024 [pdf, 328 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

5. BORA-Advice-Residential-Tenancies-Amendment-Bill.pdf [pdf, 260 KB]

   ...for an amount that is greater than two weeks’ rent, or in circumstances other than those permitted by the Bill.5 13. Although infringement offences such as the one the Bill proposes to create do not result in a criminal conviction,6 the Court of Appeal in Henderson v Director of Land Transport New Zealand held that the rights in sections 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.7 14. Strict liability offences such as...

6. Jury v Korff - Rural Sec. 46 Blk. V Waitara East Sub. A (2023) 476 Aotea MB 28 (476 AOT 28 [pdf, 223 KB]

   ...with interests at Waitara. [12] At the hearing direct evidence was given about the status of Ngāti Rāhiri with respect to the whenua.3 2 Nicholas v Kameta – Estate of Whakaahua Walker Kameta [2011] Māori Appellate Court MB 500 (2011 APPEAL 500), at [56]-[57]. 3 473 Aotea MB 84-101 at 90-93. 476 Aotea MB 31 T Fowlie: So before that land was granted to those people listed, our family were, we were of Tikorangi domicile, that’s where we lived, but through a Court o...

7. COP-Application-smart-form-v2.pdf [pdf, 311 KB]

   ...provided they have written authority from you to act on your behalf in this matter (e.g. a lawyer). All documents must be in English. More information can be found at www.justice.govt.nz/cop Payment information The fee for filing a notice of appeal is $697.00 (GST included) To confirm how you pay the application fee, please visit the Ministry of Justice website: www.justice.govt.nz/tribunals/copyright/forms- and-fees/ If you need further assistance, then please contact the T...

8. [2025] NZREADT 13 – OQ v McLean & Knowles (8 May 2020) [pdf, 186 KB]

   ...complainant. [21] We consider that costs should lie as they fall and there will be no award of costs in favour of any of the parties. [22] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [23] Having regard to the interests of the public, it is appropriate to order publication of this decision without identifying the complainant, but naming the licensees and the agency.4 ___...

9. Responding to Abuse in Care Legislation Amendment Bill [pdf, 268 KB]

   ...consequence is a criminal penalty. If it is not a criminal penalty double jeopardy is not engaged. 28. In Belcher v Chief Executive of the Department of Corrections, which concerned extended supervision orders under the Parole Act 2002, the Court of Appeal outlined a range of factors that indicated that the orders were a criminal penalty, such as breach being a criminal offence.5 Aside from being based on conviction, nothing indicates that the workforce restriction is a criminal penalt...

10. Members of the tribunal

    ...family-owned cafe restaurant. Dr Brian McCulloch (Wellington) Dr McCulloch is a Wellington-based consultant.  He serves on the Lawyers and Conveyancers Disciplinary Tribunal, the Health Practitioners Disciplinary Tribunal, the Government Superannuation Appeals Board, and the All-of-Government Consultancy Services Panel.  Dr McCulloch holds a PhD in finance and accounting from the University of Washington.  He is a former Fellow Chartered Accountant and Chartered Director. Marjori...

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