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1. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 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. [48] 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...

2. Matchitt - Frank Hata Estate [2016] Chief Judge's MB 860 (2016 CJ 860) [pdf, 98 KB]

   ...278-279 did not refer to substitution of issue and therefore Frank’s interests in Te Kaha8 were vested in his brothers and sisters, including Hubert. 6 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167) 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 8 Te Kaha 110 (Formerly Te Kaha 20B) and Te Kaha B6W & B6W1B 2016 Chief Judge’s MB 866 [12] Hubert deceased on 11 September 1977 leaving a Will and issue. The W...

3. [2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment Australia Pty Ltd [pdf, 96 KB]

   ...was presented in the course of the provision of mediation services; or … [25] Turning to case law which has considered the section, Chief Judge Colgan summarised the principles to be distilled from the Employment Court and Court of Appeal decisions of Jesudhass, 5 and the later decision of Te Ao v Chief Executive of the Department of Labour, 6 in the case of Rose v Order of St John, as follows 7 The principles distilled from these cases are as follows. All communi...

4. AR v PI LCRO 157/2013 (10 October 2014) [pdf, 116 KB]

   ...them. This is an issue which would need to be determined by a court. [28] Mr AR had not assumed any personal obligations to SN Limited. He had not given any undertaking to remit the funds to UB Lawyers. In this regard, the Court of 6 Appeal judgment in Cashmere Enterprises Limited v Mathias7 referred to by the Standards Committee is relevant. [29] In Cashmere, Mrs Going irrevocably instructed Mr Mathias to pay a GST refund (which she had directed IRD to pay him) to the v...

5. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

   ...meeting. At the hui those present raised concerns about the site for the occupation order and access to the land. 7 Rudolph v Reti – Otetau B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) 8 Ibid 9 Brown v Māori Appellate Court [2001] 1 NZLR 87 (HC) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Otetao%20B3A2.pdf/ 55 Tākitimu MB 138 [...

6. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   ...remaining (“the residue”) equally among those of my nieces Hera, Marlene and Jacqueline Manaehu Rose Swinton (“Jacqueline”) who survive me. 9 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 139 Waiariki MB 181 [17] These provisions confirm a clear intention by the deceased to make provision for his Māori land interests. Accordingly, it is important to examine the remaining provisions of the will in su...

7. Doney - Lot 2 DP 29547 (2017) 145 Taitokerau MB 4 (145 TTK 4) [pdf, 200 KB]

   ...[1979] 2 NZLR 750 at 753. 145 Taitokerau MB 9 [24] Surprisingly, the relief in this statement of claim does not seek a determination that the subject lands are Māori customary land. [25] In Ngāti Apa v Attorney-General, 9 the Court of Appeal found that all land remains Māori customary land until the native title is lawfully extinguished. There is no question that the decision in Ngāti Apa is good law. The principle that customary title remains until lawfully extinguis...

8. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...most effective method to adequately enforce the offences against the alcohol limit set out in the Bill. 14. We consider that the demand for a breath or blood sample is a search for the purposes of s 21 of the Bill of Rights Act. The Court of Appeal has said that the “touchstone” of section 21 is the protection of reasonable expectations of privacy.[1] Expectations of privacy are not as great in the commercial world as they are in the domestic sphere.[2] It is an exercise in b...

9. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 30. Whe...

10. BORA Building Amendment Bill [pdf, 216 KB]

    ...these general safeguards, there are safeguards applicable specifically to new ss 133BT and 207M which help to ensure that they impair the right to freedom of expression no more than is reasonably necessary. In particular, new s 133BT is subject to an appeals process and new s 207N places limits on the chief executive’s ability to share evidence or information collected in the investigation of a building failure, including information that owners have been required to provide under new s...