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1. Warrington - Hopa Te Piki (2011) 2011 Chief Judge's MB 325 (2011 CJ 325) [pdf, 162 KB]

   ...and 1905 are not relevant to the present proceedings. 2011 Chief Judge‟s MB 331 [22] In summary, perhaps the most apposite summary of the apparent circularity of succession legislation applying to Māori can be found in the Court of Appeal judgement Whittaker v The Māori Land Court (1997) 15 FRNZ 51 where it noted: “Successively there were periods when the parent/child relationship between Meriana and Ngawini was recognised by law (1892-1901), was recognised by...

2. Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251) [pdf, 214 KB]

   ...flaws amount to unsatisfactory performance. [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Maori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Wh...

3. Hassan v Woodcock - Manukau E2B1 (Rangikohu Marae) (2023) 262 Taitokerau MB 164 (262 TTK 164) [pdf, 325 KB]

   ...succeed. [26] New Zealand courts have also adopted this reasoning, emphasising that an assessment of whether or not a serious question to be tried in fact existed could not be brushed over lightly.13 In Roseneath Holdings Ltd v Grieve, the Court of Appeal summarised the essential purpose of an interim injunction:14 The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for which the...

4. LCRO 43/2020 SL v DN (29 September 2021) [pdf, 231 KB]

   ...the Standards Committee file and all material lodged in conjunction with this review. Scope of review [47] The High Court has described a review by this Office in the following way:18 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

5. BD v EG LCRO 374/2013 & 376/2013 (30 November 2015) [pdf, 67 KB]

   ...own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence where she considers appropriate. The statutory power of review is much broader than an appeal, and gives the LCRO discretion 2 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [41]. 7 as to the approach to be taken on any particular review and the extent of the investiga...

6. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

   ...Voordouw Mason - penalty [62] We do not consider it necessary, in either case, to make an order as to further education. [63] 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...

7. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...[1984] 2 NZLR 548 (HC) at 593–595; Hermann v Martin [2020] NZHC 688 at [39]. 11 Morton, above n 10. 12 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 (CA) at 527. 13 Hsu v Mahoney [2021] NZHC 1611 at [186]–[194], relying on the Court of Appeal in Body Corporate 202254 v Taylor [2008] NZCA 317, [2009] 2 NZLR 17. 14 At [203] (footnote omitted). 6 designed by Paul Maurice Foley (Mr Foley), the fourth respondent, possibly on behalf of Paul Foley Design Ltd (PFDL). The...

8. [2018] NZEnvC 126 The Wellington Company Limited v Save Erskine College Trust [pdf, 4.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC i" to of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCll)) (ENV-2017 -WlG-000038) Appellant THE SAVE ERSKINE COllEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Pr...

9. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1999 to 2008 [pdf, 759 KB]

   ...1 The data used in this report was extracted from the Justice Data Warehouse on 25 May 2009. 2 www.stats.govt.nz/products-and-services/table-builder 3 This diagram does not include appeal or review processes. 3 . Prosecution outcomes This section reports on the outcomes of all charges prosecuted within the New Zealand criminal court system in 2008, and during the 1999 to 2008 period. Main finding

10. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

    ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 62. Although infringement offences do not result in a criminal conviction, the Court of Appeal in Henderson v Director, 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.14 63. We note that infringement off...