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1. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...order was made, or through submissions on the law. Issues [21] The issues for me to determine are: 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s Minute Book 503 (a) whether the Lower Court erred in making an order for succession in terms of the will; (b) whether the applicant had notice of the application for succession and constituting the wha...

2. The Registrar - Te Ahitainga No1 Sec 10 C (2018) 72 Tākitimu MB 255 (72 TKT 255) [pdf, 350 KB]

   ...to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 3 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 4 6 Taitokerau MB 139 (6 TTK 139) at 141. 72 Tākitimu MB 265 [49] In relation to those factors and in relation to the various background facts that I have already set out, I would add the following observations and not...

3. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [108] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...

4. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...intervene in matters relating to the Immigration Act. Considering that the powers attributed to the Commission enabled it to act, the New Zealand Government continued to think that it was preferable for practical reasons to keep to the complaints and appeal procedures set out in the Immigration Act. As a safeguard, victims enjoyed the protection of the Bill of Rights 1990 or could lodge complaints against any discriminatory conduct on the part of immigration officials. The Human Rights Com...

5. Wayfinding-for-Civil-Justice-English.pdf [pdf, 1.4 MB]

   ...Ministry of Justice). The Advisory Group established the Wayfinding working group, whose members are: Dr Bridgette Toy-Cronin (Chair) (an academic specialising in access to civil justice), Raynor Asher KC (Barrister and former High Court and Court of Appeal judge), Wi Pere Mita (Māori lawyer and 23 New Zealand Law Society, above n 7. 24 Colmar Brunton, above n 2. 25 Rebecca Sandefur "Access to What?" (2019) 148(1) Dædalus, the Journal of the American Academy of Arts and Sc...

6. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...[20] In Brown v Māori Appellate Court, 12 the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal. 13 This approach is helpfully summarised in Hammond – Whangawehi 1B3H1: 14 [15] The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That juri...

7. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...set out above, there has been misconduct rather than the lower offence of unsatisfactory conduct. [52] For the above reasons we find the charge proved. [53] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ M...

8. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...placement he had entered a contract of service with that company. 30 Clark v Northland Hunt Inc [2006] 4 NZELR 23 (EmpC) at 22. 31 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 32 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]. 33 Prasad, above n 5, at [38]. 34 McDonald, above n 22. [69] Obviously, Mr McDonald could only pursue his claim for...

9. National Standards Committee 2 v Tingey [2023] NZLCDT 22 (17 May 2023) [pdf, 302 KB]

   ...Respondent CHAIR Ms D Clarkson MEMBERS OF TRIBUNAL Mr I Hunt Ms M Noble Ms G Phipps Prof D Scott HEARING 28 and 29 March 2023 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 17 May 2023 RELEASED FOLLOWING APPEAL 10 October 2023 COUNSEL Ms Dew KC and Mr Hansen for the Applicant Mr Illingworth KC, Ms Fee and Mr Lewis for the Respondent 2 DECISION OF THE TRIBUNAL ON LIABILITY What this decision addresses [1] This...

10. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 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. 74. Although infringement offences do not result in a criminal conviction,21 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.22 75. Strict liability offences may neverth...