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1. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...of legal proceedings commenced before the commence- ment of this Act; or (b) the commencing of legal proceedings on or after the commencement of this Act. (2) However, proceedings in subclause (1)(a) or (b) decided (at fast instance, or on any appeal) on or after the commencement of this Act must be decided sub- ject to this Act (including section 21 (no entitlement to compensation)). (3) This clause applies even if, and to the extent that, the proceedings concerned are amended befo...

2. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [pdf, 172 KB]

   ...decision. Written submissions on behalf of Mr He and Mr An are to be filed and served within a further 10 working days. [117] 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 2016. ___________________ Mrs C Sandelin Deputy Chairperson ___________________ Mr G Denley Member ________...

3. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...has broad powers to conduct her 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. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review Hearing [19] The parties attended a review hearing on 15 July 20...

4. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...of bad faith and abuse of process. [72] We have reminded ourselves that the Tribunal cannot rely on these determinations as proof of facts in issue before us, and that we must make our own enquiries. We refer to the judgment of the Court of Appeal in Deliu:9 “First, as Mr Morgan QC points out in his submissions for the Committee, the question whether judgments can be used as evidence in disciplinary hearings depends on the use the judgments are being put to in the particular case....

5. Dickinson v Southon - Section 4A Block IV Tokaanu Township [2023] Chief Judge's MB 499 (2023 CJ 499) [pdf, 418 KB]

   ...courts where tikanga has been 8 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209); Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167); Puna v Puna Rotopounamu 1B1A [2022] Chief Judge’s MB 28 (2022 CJ 28); Inia v Julian [2020] NZCA 423; Amos – Horahora 1A4B, 1A4F [2002] Chief Judge’s MB 54 (2002 CJ 54). 2023 Chief Judge's MB 516 recognised as...

6. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...information), the information that they do have is likely to be of use to Silver Fern Farms. [72] The difficulties associated with inadvertent disclosure were traversed in The Littlewoods Organisation Ltd v Harris. 13 There the English Court of Appeal observed that: 14 11 AEC 14/95, 10 March 1995. 12 At [29]. 13 [1978] 1 All ER 1026. 14 At 1033. It is thus established that an employer can stipulate for...

7. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   ...received a letter dated 19 June 2020 from Mr I Mclauchlan (a s 274 party) complaining about aspects of the Interim Decision. It is not the function of this decision to debate those matters. Any parties dissatisfied with our decision have rights of appeal to the High Court and should take competent legal advice regarding that, including advice as to the issue of admissibility of evidence which was a feature of Mr Mclauchlan's letter. Directions [128] Summerset is to review the...

8. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...to permit such development, it must ask itself whether or not the reservation status should remain in respect of the whole of the land. 20 Te Waipounamu MB 174 [85] Ruka – Taheke 23A and 23B [2010] Māori Appellate Court MB 629 (2010 APPEAL 629) dealt with registration of those blocks under the Māori freehold land registration project. At [54] the Court stated: the marae buildings are located at the western end of the envelope the eastern end could provide for grounds...

9. Hutchison v Solomon [pdf, 137 KB]

   ...having been misled by the vendors of a property which was found to have "unwittingly promoted the property" in a misleading way as to the entrance and part of the driveway having been constructed on an unformed paper road. The Court of Appeal found that there was no adverse consequence because the property was still valued, despite the existence of the paper road, at the purchase price. 9.5 In Gunton certain warranties were made concerning a helicopter sold and the...

10. Te Manutukutuku 77 [pdf, 7.6 MB]

    ...the age of 82, served as a judge of the Māori Land Court from 1984 to 1999. Among other things, he is remem- bered for making the initial decision in 1997 on Māori ownership of the fore- shore and seabed, which ultimately led to the Court of Appeal decision in Ngāti Apa in 2003 and the Foreshore and Seabed Act 2004. Judge Hingston presided in three Tribunal inquiries that reported their findings in the early 1990s : Ngāti Rangiteaorere (1990) ; the Māori Develop ment Corpora...