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1. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...Sime had acted for the property company in bringing about an on-sale of the property for $92,000. [7] The Board held that Mr Sime had placed his objective of achieving sales above his duty to his principal, the original owner of the property. On appeal, the High Court held that this finding nevertheless fell “far short” of establishing the requisite negative character traits to permit orders to be made by the Board. [8] Also relevant is the more recent decision of Davis v The Real...

2. [2023] NZEmpC 98 Caisteal An Ime Ltd v Faithfull [pdf, 209 KB]

   ...so that the successful party is entitled to an award of them. [20] In this case Mr Hobcraft relied on the Calderbank offer and Bluestar Print Group (NZ) Ltd v Mitchell to explain why Ms Faithfull is entitled to costs.8 In Bluestar, the Court of Appeal considered a Calderbank offer relating to a claim before the Authority. The Court took reg 68(1) as its starting point and was satisfied that the Calderbank offer fell squarely within the regulation.9 It then considered the High Cou...

3. EHQ v NKN [2013] NZIACDT 65 (20 September 2013) [pdf, 113 KB]

   ...he has been required to evaluate the complaint, and he provides the Tribunal with the information and analysis that justified the exercise of his statutory power. [42] The Registrar’s decision to reject or not pursue a complaint is subject to appeal to this Tribunal pursuant to section 54 of the Act. [43] The Registrar’s role in referring a complaint to this Tribunal is outlined in paragraphs [36] to [42] above. He is not simply exercising administrative duties at the direction of...

4. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...and this decision had not been re-visited. Law [32] The Māori Appellate Court and this Court have regularly canvassed the issues surrounding appointment of trustees to Māori land trusts. The law in this regard was considered by the Court of Appeal in the Clarke v Karaitiana decision:3 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those iss...

5. Horan - Hiwarau C (2015) 118 Waiariki MB 25 (118 WAR 25) [pdf, 180 KB]

   ...report notes that it appears three of the four 4 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185), Whaanga v Niania - Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) and Whaanga v Smith - Anewa Block [2013] Maori Appellate Court MB 45 (2013 APPEAL 45) 5 Ibid. 118 Waiariki MB 30 owners died without issue and as such no further details could be obtained. The fourth owner, Hone T...

6. Compensation Guidelines for Wrongful Conviction and Detention [pdf, 97 KB]

   ...incurred by the applicant in pursuing the application for compensation. 14 A person is wrongly convicted of an offence if: a The person received a free pardon in respect of the offence; b The person’s conviction was quashed or set aside by an appeal court or the trial court, and no retrial or further hearing was ordered; c The person’s conviction was otherwise quashed or set aside and no further proceedings can be brought against the person in respect of the offence. 15 Para...

7. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...situation, the degree of success achieved by the respondent and the time required for effective preparation. 29 Nicholls v Nicholls-Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Part%20Papaaroha%206B%20Block.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maor...

8. [2017] NZEmpC 164 NZPSA v IRD [pdf, 519 KB]

   ...would be under pressure, it was very important that members did not sign the letters of offer. [53] The IR communications just referred to, as sent after it learned of the filing of the challenge, stated that it respected the PSA’s right to appeal, but it would also respect “the valid decision of the ERA as an independent body”, and would proceed on that basis. [54] After a preliminary discussion with counsel at a telephone directions conference, when the possibility of...

9. Hakiwai - Owhaoko C1, C2, C4, C5, and C7 (2016) 52 Takitimu MB 130 (52 TKT 130) [pdf, 192 KB]

   ...part, and accordingly, directions are issued at the end of this judgment. Background [9] Owhaoko C1, C2, C4, C5 and C7 blocks are the corpus of Owhaoko C Trust. This trust has been before the Māori Appellate Court previously (ironically on the appeal of Mr Karena) including in 2004 where a useful summary of the trust lands can be found: 1 The Land comprises five separate blocks the details of which are set out below. It is administered by an ahu whenua trust, the Owhaoko C7 Tru...

10. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

    ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...