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1. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   ...it was imperative for the Crown to deal openly and honestly with Māori leaders ; ӹ Reciprocity : the exchanges fundamental to being a part­ ner must provide advantage that is mutual, with bene­ fits flowing in both directions ; ӹ Active protection : the Crown’s duty is ‘not merely pas­ sive but extends to active protection of Maori people in the use of their lands and waters to the fullest extent practical’ ;1 and ӹ Autonomy : the iwi of Whanganui did not agree to fo...

2. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ...judgment, stated that I did not mention Mr Swarts return to the home (then occupied by the Boes) in 1999 to carry out the job of assisting with the erection of the pergola beams. [17] Mr Wright contends that: (i) Mr Swart had a general duty of care to remedy his faulty building work when coming back onto the building site to work on the pergola and (ii) his affixing of the pergola beams was defective and causative of damage. Mr Wright’s submission places reliance on John...

3. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

   ...other issues arise indirectly, for example, with regard to the scope and terms of a contract of retainer. This possibility was contemplated by the Court of Appeal in Erwood at [45]. Therefore, where such an issue could arise, a court should be careful to ensure that nothing it did in the course of a judicial proceeding should cut across the jurisdiction and powers of the Standards Committee. [72] Bell AJ said: [36] … The policy that the courts should not allow their proceedings to...

4. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...to the complainant’s employment agreement, so that all her work was as a PA at DEFL. [33] On 29 June 2018, Mr Mercado advised the complainant that the visa officer may have erred in declining the visa. He said an appeal to the Immigration and Protection Tribunal (IPT) could be prepared. [34] An appeal to the IPT was filed on 2 July 2018. [35] The IPT issued a decision on 14 February 2019 declining the appeal. It was found that the complainant had not complied with the visa con...

5. [2024] NZEnvC 103 Turoa v Bay of Plenty Regional Council [pdf, 698 KB]

   ...principles, and the parties have collectively agreed to implement the consent consistent with those principles. The principles are as follows: (a) Mana whakahaere: the power, authority, and obligations of tangata whenua to make decisions that maintain, protect, and sustain the health and well-being of, and their relationship with, freshwater (b) Kaitiakitanga: the obligation of tangata whenua to preserve, restore, enhance, and sustainably use freshwater for the benefit of present and...

6. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...further action in relation to her complaint against Mr UD. Mr UD was counsel for Mrs AQ in a High Court appeal hearing. Background [2] Mrs AQ and Mr B are the parents of C. They were involved in Family Court proceedings in relation to C’s care. The pivotal issue was whether or not Mr B had sexually abused his daughter or whether for any other reason he was not a suitable person to have the unsupervised care of his daughter during weekends. The Family Court found that M...

7. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application for Interim Non-Publication Orders) [2013] NZHRRT 14 [pdf, 106 KB]

   ...Commissioner of Police in relation to the Privacy Act complaint made against the Commissioner. [21] Mr Judd submits that the conclusions reached by the Privacy Commissioner after a detailed investigation of the facts and after hearing the SSGT represent a careful and responsible analysis of the facts and that for the purpose of the interim order application those conclusions establish, at the very least, a strong arguable case that there has been a breach of Principles 6, 8 and 11 as all...

8. [2021] NZEnvC 034 Coneburn Preserve Holdings Limited v Queenstown Lakes District Council [pdf, 3.9 MB]

   ...drafting of policy 41.2.1.22; (c) Issue 3: the appropriateness of the additional homesites included in the Ch 41 structure plan; ( d) Issue 4: the Village Activity Area; and (e) Issue 5: the approach to the Peninsula Hill ONL/Peninsula Hill Landscape Protection Area overlay. [9] This decision is confined to Issues 2 and 3.9 [1 OJ As for the remaining issues: 8 9 10 (a) the appeal point for Issue 1 was withdrawn by Jacks Point; (b) Issue 4 remains live but is subject to the prop...

9. Kaupapa Maori responses to violence against wahine Maori [pdf, 965 KB]

   ...Transforming the normalisation of intergenerational whānau (family) violence. Journal of Indigenous Wellbeing, 1(2), 32-43. Retrieved from https://journalindigenouswellbeing.com/media/2017/12/84.81.Investigating-M%C4%81ori- approaches-to-trauma-informed-care.pdf 7 The Māori Reference Group. (2009). E Tu Whānau-ora: Programme of Action for Addressing Family Violence 2008-2013 8 The Taskforce defines tikanga as the process of practicing Māori values; tikanga prescribes acceptable and u...

10. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

    ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................