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1. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...trustee who acted honestly and reasonably and who ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court. An important decision concerning the application of s 73 is Wong v Burt, where the Court of Appeal stated: [57] In our view, this is not a case in which the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable - it was downright...

2. Progression-of-reported-sexual-assaults-through-the-criminal-justice-system-2024.pdf [pdf, 500 KB]

   ...2017 (from 2,376 to 3,104 in 2022; 45% to 47%), while there has been a decrease in adults reporting sexual assaults since 2017 (from 2,182 to 2,579 in 9 Note that the final charge outcome in this analysis includes charge outcomes from retrials and appeals. 10 The year 2022 is used for demographic information, instead of 2021, or the latest year (2023), because 2022 is the most recent year where all charges were reported at least a year ago. This is because demographic information is...

3. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...warning that is to occur at sentencing; 11.3 requiring the court to state both the sentence and any minimum period of imprisonment that the court would have imposed but for the three strikes regime, which is essential for information gathering and appeals processes; and 11.4 clarifying that post-conviction orders under section 34(1)(a) and (b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIP Act) are still available where the three strikes regime applies, ex...

4. OIA-110237.pdf [pdf, 3.4 MB]

   ...example, how much money was spent on reimbursements for school uniforms, how much for hotels, how much for international travel etc.). If you are able to separate the totals by Court (eg totals for all judges in the District Court, and the Court of Appeal, etc) that would be appreciated. I am not asking for totals of individual judges, just aggregate totals for each category. The Ministry responded to the first part of your request on 3 April, confirming that the Ministry administ...

5. Wilson - Oue 2B 2C [2025] Chief Judge's MB 169 (2025 CJ 169) [pdf, 495 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [11] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the c...

6. Cribb - Succession to Tieme Karepe, Te One Karepe, Hoani Karepe and Porokuru Te Kiwi [2025] Chief Judge's MB 373 (2025 CJ 373) [pdf, 366 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.13 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [13] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:14 …The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of t...

7. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part4.pdf [pdf, 14 MB]

   ...possible to discuss the email below in more detail in the morning? Mary-Anne had been working on it but she’s now on leave. I’m working on the three strikes RIS, which we are lodging on 04 April. We are hoping to incorporate estimates of the cost of appeals and litigation under the new regime. Would you be able to provide some figures for costs for the following, or know who is able to do so? Please let me know if that is possible in principle, and we can discuss with Sophie whethe...

8. Ngati Paoa (2009) 141 Waikato MB 271 (141 W 271) [pdf, 211 KB]

   ...whenua tōpū trust. The Court also made an order pursuant to 141 Waikato MB 288 section 133 of Te Ture Whenua Māori Act 1993 declaring that the lands become Māori freehold lands (98 H 206-216). [78] That decision was subsequently appealed to the Māori Appellate Court. On 9 March 1999 the appeal was upheld. The Appellate Court annulled the orders constituting the whenua tōpū trust. However the Court did not annul the orders in relation to the change of status fro...

9. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...8196742 therefore, whether the proposed provisions will indirectly discriminate on these prohibited grounds, and if so, whether any discrimination is justified under s 5 of the Bill of Rights Act. 66. However, applying the reasoning of the Court of Appeal in Ngaronoa,15 we do not consider that the proposed YSO and MSA regime will be inconsistent with s 19: 66.1 The Bill proposes to treat Māori and non-Māori young offenders the same; equally so in relation to disability issues. 66....

10. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

    ...(8-2) (select committee report) at 8 and 13–14. 18 But see Maritime Union of New Zealand Inc v China Navigation Co Pte Ltd [2016] NZEmpC 111, [2016] ERNZ 473 at [126]–[128]. [74] Ms Dunn referred to the recent decision of the Court of Appeal in Rasier Operations BV v E Tū Inc,19 where the Court cited with approval Chief Judge Inglis’s comments in E Tū Inc v Rasier Operations BV:20 Employment status is the gate through which a worker must pass before they can acce...