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1. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...the Pouakani Blocks on the basis that it remained land held by the hapū of Pouakani under their customs and usages. Some 21 years later Pouakani find themselves back in the Māori Land Court after various proceedings in the High Court, Court of Appeal and the Supreme Court. [6] The Supreme Court issued decisions in 2012 and 2014, being Paki v Attorney- General (No.1),2 and Paki v Attorney-General (No.2).3 A summary of the issues before the Court in those proceedings is set out in...

2. [2023] NZEnvC 255 Abrahamson v Canterbury Regional Council [pdf, 290 KB]

   ...referred to as an FEP. [48] The proposed LWRP was notified shortly after the Environment Court 10 The joint memo regarding chronology dated 8 September 2023 states Original Water Use Permit CRC061972 was granted by CRC on 28 May 2010, although appeals to that decision were not resolved until 2012. 11 Pizey at [41]. 16 issued a consent order finalising conditions of the water use permit in 2012. CPW submitted on the proposed LWRP and a later variation (Variation 1). The nu...

3. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...the senior courts involving Mr Smalley and the ongoing shareholders of HHG. He said Mr Smalley had an appetite for litigation “at any cost”. Mr Mackenzie said there had initially been proceedings in the High Court,4 and then in the Court of Appeal.5 At the time of Mr Mackenzie’s memorandum, Mr Smalley had sought leave to appeal to the Supreme Court.6 [15] Mr Mackenzie cited a passage from one of the High Court judgments which stated it was clear Mr Smalley harboured deep...

4. Dotcom v Crown Law Office [2018] NZHRRT 7 [pdf, 944 KB]

   ...Criminal Disclosure Act 2008 and the New Zealand Bill of Rights Act 1990. The District Court made orders for disclosure of most of the information requested. The High Court upheld those orders but that decision was overturned by the Court of Appeal. [28] Mr Dotcom then appealed (unsuccessfully) to the Supreme Court. It is not intended to attempt a summary of the majority decision in Dotcom v United States of America [2014] NZSC 24, [2014] 1 NZLR 355. It is sufficient for prese...

5. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...paid the minimum rate for an average of 14 hours per day. It upheld the Tribunal’s approach of regarding her as working only when she was physically engaged in carrying out her duties. [49] The case is of very little precedent value. On appeal to the Court it had been argued for the first time that the employee’s hours of work should be based on when she was ready, willing and able to serve the employer. That had not been raised before the Tribunal and s95 of the Employme...

6. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...has a statutory manager appointed, or any other legal case exists where that party cannot pay it’s (sic) debts in a timely manner, or a resolution is passed for the winding up of that party, or either party gains a judgement against it to which no appeal is pending and remains unsatisfied for more than 14 days, or either party does any act or thing calculated to damage the other party’s goodwill, reputation or intellectual or industrial property, then an automatic Terminati...

7. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...imposed only after a person had been tried in the usual way, and convicted. During the trial, the person was presumed innocent and had all the usual means of challenging the prosecution’s case. Furthermore, a sentence of preventive detention could be appealed to the Court of Appeal in the same way as any other sentence. Additionally, there was an annual review of the sentence of preventive detention for any individual by the parole board, once that individual became eligible for consi...

8. Committee on the Elimination of All Forms of Racial Discrimination – summary record 10th-11th reports [pdf, 44 KB]

   ...assisting a party to win a share of the party vote, there would be an incentive for parties to attract votes of particular ethnic groups by placing candidates from those groups in prominent positions on the party list or by adopting policies that would appeal to them. A party representing the interests of a particular ethnic group could also be established to contest the party list vote. 9. Turning to the subject of economic restructuring and its impact on employment and welfare, he said that...

9. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

   ...problematic, 4 Pue - Ngāti Maru Wharanui Pukehou Trust (2006) 166 Aotea MB 290 (166 AOT 290) 291 Aotea MB 263 [26] In a comparable context I note the following statements from a recent Court of Appeal judgment Ngai Tai ki Tamaki Tribal Trust v Karaka that are strikingly similar to the present and on-going challenges facing Ngāti Maru: 5 [8] To put the matters in issue in context, it is necessary to refer to the general...

10. [2014] NZEmpC 100 George v Auckland Council ARC 12410 Auckland Council v George costs [pdf, 191 KB]

    ...entitled to be fully indemnified for her costs in ARC 124/10. [6] Given the differing costs frameworks it is convenient to deal with each proceeding in turn. 1 An application for leave to appeal having been dismissed by the Court of Appeal on 30 May 2014, George v Auckland Council [2014] NZCA 209. 2 George v Auckland Council [2013] NZEmpC 179 [Substantive judgment]. The Council’s unsuccessful claim against Ms Geo...