Search Results

1. Legal Aid Family Proceedings Steps [pdf, 632 KB]

   ...application for legal aid (and amendment to grant if expecting to exceed the guideline hours for this step) • Reporting to and invoicing for Legal Aid Repeat within 4 months up to 4 hours Repeat within 18 months up to 4.5 hours Step 8: Appeal from Review Tribunal Step Grant Guideline Hours Activities normally covered by Guideline Hours New instructions up to 3 hours For • Receiving initial instructions and identifying legal and factual issues • Preparing application...

2. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...be determined on the papers. The Tribunal has set aside 27-29 March 2019 for a penalty hearing, if one is required. [94] 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. _________________ Hon P J Andrews Chairperson _________________ Ms N Dangen Member _____________...

3. Gamble - Hopa Heremaia Trust [2021] Chief Judges MB 18 (2021 CJ 18) [pdf, 353 KB]

   ...and Waru Reihana are the children of Pirihira, a daughter of Hopa Heremaia. [10] She claims that Pitawai and Waru Reihana are not children of Pirihira. Her view is that Pirihira died without issue. 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 37 [11] She wants these shares from Hopa Heremaia transferred to the Hopa Heremaia Trust. [12] At the hearing the applicant’s position was supported by Alec Hopa Heremaia as the chairman of th...

4. 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...

5. Emmerson - Succession to Beatrice Annie Loper [2020] Chief Judges MB 692 (2020 CJ 692) [pdf, 402 KB]

   ...section the will to which the extension related, if it had become null and void by virtue of this section, was deemed to be revived. In this case, the 16 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 17 Māori Affairs Act 1953, ss 110-111; Administration Act 1952; and the Wills Act 1837 (UK). 2020 Chief Judge’s MB 708 Māori Trustee discussed applying for an extension of time with the beneficiaries of the will who...

6. Peacocke - Part Puketiti 2B 2B 1 Block and Lot 1-Deposited Plan South Auckland 33533 (2020) 205 Waikato Maniapoto MB 202 (205 WMN 202) [pdf, 348 KB]

   ...[30]. 17 Above n 13 at [36]. 18 Above n 13 at [37]. 19 Moore v Oakura F2A (2019) 2004 Taitokerau MB 64 (204 TTK 164). 20 Māori Affairs Act 1953, s 233(1). 21 Above n 19 at [19]. 205 Waikato Maniapoto MB 214 [52] That decision was appealed. In Moore – Part Oakura F2A the Māori Appellate Court agreed with the approach taken by Judge Wara, which was that the status of a block of land could not change merely by definition and a transfer to a non-Māori.22 They held t...

7. AJE, CDE, and JPS as Trustees of the EE Family Trust v Vero Insurance New Zealand Ltd [2020] CEIT-2020-0009 [pdf, 348 KB]

   ...met. 4 [1854] 9 Exch 341 5 [1949] 2 KB 528 25 [130] The test of remoteness in tort is wider as it does not encompass the element of the contemplation of the parties. Where concurrent liability exists, as here, the English Court of Appeal considered the more confined contract test should apply.6 [131] However, if the negligence test did apply, I have concluded that it was also met. [132] Both Counsel set out the current law on causation in the negligence context in...

8. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...coping techniques to enable her to remain in gainful employment the award for non-economic loss would have been higher.14 [50] In Gilbert, the Court awarded $75,000 for humiliation, anxiety and distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered...

9. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...internal departments and/or individuals who may have access to the Information of the obligations imposed by paragraph 1 (a) above. c That the above orders continue until further order of the Tribunal, or the conclusion of the proceedings (including any appeals). [7] The grounds on which the order are sought are as follows: a The Information sought by the plaintiff relates to events occurring as early as 2011. b The Tribunal is unlikely to hear and determine the plaintiffs case before...

10. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

    ...which affects the fairness and equity of the outcomes. There is a risk of poor judgement by police officers in making a decision to issue a PSO, and for what duration. This risk has significant consequences because there is no judicial oversight/appeal right. This contrasts with Australia and United Kingdom where there are links to court processes. The proposal also provides a greater risk to the wellbeing of the victim and associated people. The removal of the bound person from the a...