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1. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...their words to mean, or what their negotiating stance was at any particular time, is irrelevant. 8 (footnotes omitted) [38] There is a further point which should be emphasised for the purposes of this case. In Silver Fern Farms, the Court of Appeal referred to the approach adopted at first instance by Judge Shaw, when she was required to consider apparent 7 Tertiary Education Union v Vice-Chancellor, University of Auckland [2015...

2. Kingsnorth v Crawford - Motuaruhe 5D (2018) 199 Waiariki MB 203 (199 WAR 203) [pdf, 368 KB]

   ...Tipene v Tipene the Court considered whether a non-owner had an equitable interest in a house to which she and her husband had made substantial improvements.9 The Court considered the principles of constructive trust and also referred to the Court of Appeal decision in Lankow v Rose, which identified the following four features a claimant must show for the imposition of a constructive trust:10 1. Contributions, direct or indirect, to the property in question. 2. The expectation of...

3. Stone v Couch - Rapaki MR875 39A (2020) 65 Te Waipounamu MB 61 (65 TWP 61) [pdf, 345 KB]

   ...entirely consistent with and confirm the class of beneficiaries as set out by the Court and gazetted. Those matters are: (a) Henry has never taken any steps to challenge the Court order or amend the definition of the beneficiaries by way of rehearing, appeal, or s 45 application; (b) Herena’s whānau have buried seven whānau members in the south-west corner of the urupā over the period of more than 40 years without challenge or objection from the trustee; (c) Herena’s wh�...

4. Education and Training Bill Advice [pdf, 275 KB]

   ...Instruction in state primary schools, intermediate schools and nga kura recommend requiring informed consent from a parent or caregiver before allowing a student to participate in religious instruction.13 18. In a pre-Bill of Rights Act case, the Court of Appeal held that school assemblies which included some religious observance were lawful as long as the parents could ‘opt out’ their children.14 It is not clear whether a court would come to the same conclusion now under the Bill o...

5. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   BEFORE THE ENVIRONMeNT COURT AT AUCKLAND IN THE MATTER: of the Resource Management Act 1991 AND IN THE MATTER: of appeals purswant to clause 14 of the First Schequle to the Act BETWEE;N MOTil'I ROHE MOANA TRUST (ENV-2015-AKL-0001.34) AND NGATI MAKiNO HERITAGE TRUST (ENV~2015~AKl.,000140) NGAti ·RAN(SINUI IWI INCORPORATED soc·1ETY · ·· · (ENV.:201 fr-AKl.;000141) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ANO VARIOUS Section 274 Parties STA...

6. Canterbury Westland Standards Committee 1 v Allan [2019] NZLCDT 25 [pdf, 351 KB]

   ...In May 2018 Mr Allan represented C B (Mr B) in a jury trial where he was convicted of 33 charges for sexual offending against two complainants. 61 L C was instructed to represent Mr B at sentencing and to conduct a review of the case for possible appeal grounds. 62 In early July 2018 Mr C requested the file from Mr Allan via telephone message. This was followed by a formal written request by letter dated 11 July 2018 specifying the documents required (the requested documents). 63...

7. Kidd v Maori Owners - Whenuanui No 2B [2021] Chief Judges MB 1409 (2021 CJ 1409) [pdf, 356 KB]

   ...standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.12 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [35] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:13 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

8. Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) [pdf, 402 KB]

   ...substantial evidence proving that Rawinia Ashwell should have been included in that order. On the evidence submitted, the applicant failed to establish 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 8 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 9 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2021 Chief Judge’s MB 1183 the Court made an error.10 After noting the relevant legislation (under which the orders were made) gave the Court a wide discretion, the C...

9. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [25] Finally, as the Court of Appeal has confirmed, the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the Regi...

10. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

    ...international human rights documents, such as United Nations treaty body general comments, which provide interpretive guidance on human rights treaty provisions, and UN Special Rapporteur reports and findings. The Commission notes that the Court of Appeal has found that general comments are “pertinent” to the interpretative process.26 When considering the application of the human rights framework, the courts have also referred in their judgments to the observations made by Uni...