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1. Goldsmith - Lot 72B 3G2 Parish of Matata (2017) 175 Waiariki MB 99 (175 WAR 99) [pdf, 258 KB]

   ...and knowledge of the individual or body; and shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries.5 [8] In Clarke v Karaitiana the Court of Appeal determined:6 [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 issues, the Court will no...

2. Koopu v Trustees of Maraenui A2 Ahu Whenua Trust – Maraenui A2 (2013) 69 Waiariki MB 115 (69 WAR 115) [pdf, 141 KB]

   ...cases for relief against forfeiture, the Courts in granting such relief are granting an indulgence and, therefore, rent and costs must usually be paid. But elements of fairness should also be considered as noted in the decision of the Court of Appeal in Roses Are Red Ltd v Board of Administration of the Methodist Church of New Zealand (2009).7 Thus Mr Peterson further contended that it is not always appropriate that costs be awarded to the respondent. He submitted that as the respon...

3. BORA Judicial Retirement Age Bill [pdf, 287 KB]

   ..."... not every differentiation of treatment will constitute discrimination, if the criteria for differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant." 6. The Court of Appeal has discussed the question of justification on several occasions.[2] Broadly, the Court's approach requires consideration of three questions: 6.1 What objective is Parliament endeavouring to achieve by the provision limiting the ri...

4. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...acknowledge the strengths and weaknesses of their cases earlier. Approximately 93% of cases settle before trial. The List also prioritises cases that have precedent value: clarifying these legal issues enables a raft of other cases to settle. Earthquake appeals are generally expedited. 5 21. Some insurers offer access to independent private mediation. Complaints about EQC can be made to the Parliamentary Ombudsman. Remedies are also available through financial service provid...

5. [2021] NZEnvC 093 CEP Services Matauwhi Ltd v Northland Regional Council [pdf, 2.2 MB]

   ...\ ::0 ,,_.,....,-~----.. IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAM.AKI MAKAURAU IN THE MATTER OF AND BETWEEN AND Decision [2021] NZEnvC ~ ~ of the Resource Management Act 1991 Topic 11 Biodiversity Appeal issues under Clause 14 of the Schedule 1 of the Act CEP SERVICES MATAUWHI LTD (ENV-2019-AKL-111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-127) MANGAWHAI HARBOUR RESTORATION SOCIETY INCO...

6. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...discussions that took place in mediation. [16] Statements and submissions made orally at mediation come within the ambit of s 148(1) of the Act and the parties are therefore required to keep them confidential.4 [17] As stated by the Court of Appeal in Just Hotel Ltd v Jesudhass, this: … reflects the desirability of encouraging the parties to a mediation to speak freely and frankly, safe in the knowledge that their words cannot be used 3 Attorney-General v Prince [1998] 1 NZL...

7. BORA Public Works (Prohibition of Compulsory Acquisition of Māori Land) Amendment Bill [pdf, 268 KB]

   ...specific, contained definition minimally impairs the right or freedom no more than is reasonably necessary to achieve the objective of protecting Māori land from acquisition. 15. Finally, in New Zealand Māori Council v Attorney-General, the Court of Appeal considered that ’[t]he duty of the Crown is not merely passive but extends to active protection of Māori people in the use of their lands and waters to the fullest extent.’ 6 The Bill’s objectives reinforce this principle...

8. Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) [pdf, 1.2 MB]

   ...of rent, purcllase money, royalties or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from tile land, affected by any order to wllicll an application under section 45 of tllis Act or an appeal under Part 2 of t!lis Act relates. (2) Notwitllstanding anything in tile Crown Proceedings Act 1950, any injunction made by tile Court under tllis section maye expressed to be binding on tile Maori Trustee. (2) Any injunction made by ti...

9. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...applicant to meet the ownership criteria. 1 “Setting Apart Land as a Māori Reservation” (14 July 1983) 101 New Zealand Gazette 2163 at 2181 2 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) 377 Aotea MB 284 [33] Whatever process is adopted it is unnecessarily convoluted. It is highly unlikely in our view, that the drafters of the legislation had it in mind that beneficiaries of whānau trusts would be ineli...

10. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

    ...relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. 3 For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practice-notes/all-benches/protocol-for-participation-in-virtual-hearings/ https://www.courtsofnz.govt.nz/going-to-court/practice-directions/pra...