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1. Murrell - Succession to Taurua Heihei [2021] Chief Judge's MB 1215 (2021 CJ 1215) [pdf, 260 KB]

   ...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. [11] The Chief Judge’s jurisdiction was recently described by the Court of Appeal in Inia v Julian as follows:4 … the powers vested in the Chief Judge under s 44(1) of the Act fall in two parts. The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mis...

2. Stowers v Short -Tumu Kaituna 14 (2021) 251 Waiariki MB 144 (251 WAR 144) [pdf, 243 KB]

   ...trust: (d) the collection and distribution of the income of the trust. [7] Beyond these obligations and those specific to the trust, general trustee law principles apply. These trustee duties were summarised in Rameka v Hall, where the Court of Appeal cited Apatu v Trustees of Owhaoko C Trust — Owhaoko C1: 4 a) A duty to acquaint themselves with the terms of trust; b) A duty to adhere rigidly to the terms of trust; c) A duty to transfer property only to beneficiaries...

3. Carley (INZ) v Kim [2015] NZIACDT 47 (7 May 2015) [pdf, 145 KB]

   ...under the Act demonstrate that was a well-founded apprehension. The courts have imposed sentences of imprisonment for offending; the gravity of this offending is evident in the decisions culminating in the Supreme Court’s refusal to grant leave to appeal in Hakaoro v R [2014] NZSC 169. That decision refused leave to appeal against a sentence of one year and eight months imprisonment on charges where a person without a licence provided immigration advice, and held himself out as licensed...

4. [2016] NZEmpC 169 Robinson v Gillon & Maher Plumbing Ltd [pdf, 152 KB]

   ...extent that it is reasonable to do so bearing in mind the proceeding is at an early stage. d) There must be a balancing of the interests of the parties. This is often an overriding consideration; it was authoritatively summarised by the Court of Appeal in AS McLachlan Ltd v MEL Network Ltd as follows: 5 The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order...

5. [2018] NZEnvC 117 Sabatier Family Trust v Auckland Council [pdf, 460 KB]

   ...1'7-r'r~·,~:,:0;:<r.::\{V . 5 and pursued instead an application for a private drain (s 460 Local Government Act). Sabatier's position at the hearing was that the latter course would disadvantage it both financially and by the absence of any right of appeal. [14] If the court does not accept this submission, Addison argues substantial costs (at least) are justified given that Sabatier advanced arguments that were without substance; the proceedings were an abus...

6. BORA Broadcasting (Election Programmes and Election Advertising) Amendment Bill [pdf, 164 KB]

   ...but, as the explanatory note to the Bill explains, it “enables political parties to communicate with voters through digital media more flexibly and cost-effectively, while maintaining existing safeguards and restrictions.” 19. The Court of Appeal observed in Alliance Party v Electoral Commission & Ors the existing regime “significantly constrains the ability of political parties to communicate their messages directly to voters…there is a distinct constraint upon activities...

7. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 32 [pdf, 119 KB]

   ...had started receiving income for legal work and completing associated false declarations shortly after she had been disciplined by the Tribunal in February 2012 for overcharging for legal aid work, and subsequently while that decision was under appeal. [6] Mr Davey, for the Standards Committee, while acknowledging that no clients appear to have been harmed by the practitioner’s actions, submitted that the conduct was still at “the most serious end of the spectrum” as found by...

8. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...mediation is invariably much less expensive than a court hearing with its attendant witness expenses, legal costs and risk of an award of costs by the Court. [19] Mediation is used to resolve all three main types of the civil jurisdiction of the Court, appeals about plan making, appeals about consenting, and enforcement. In New Zealand, the Environment Court does not hear prosecutions for breaches of the Resource Management Act and plans. Those are heard in the District Court, by Ju...

9. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...The Authority referred to the two approaches suggested by counsel for the defendants and then proceeded to apply what counsel for the plaintiff has referred to as the “Binnie analysis”, a reference to the approach sanctioned by the Court of Appeal in Binnie v Pacific Health Ltd. 5 [14] Without making any express reference to the Binnie decision, the Authority rejected the daily tariff approach and proceeded to fix an award in the sum of

10. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2016) 122 Taitokerau MB 218 (122 TTK 218) [pdf, 195 KB]

    ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...