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1. [2025] NZIACDT 33 - KM v Jiang (16 June 2025) [pdf, 242 KB]

   ...8. Failed to have proper file management. [19] In mitigation, Mr Jiang pointed out: 1. There was no financial loss or adverse immigration outcome. The outcome would have been similar if the misconduct had not happened. 2. His breaches were careless, not deliberate. 3. His misconduct was technical and administrative, in that there was no dishonesty or negligence. 4. He responded to the Authority’s enquiries with the utmost good faith and admitted misconduct. 5. This was the...

2. TC & QC v FT & TT [2025] NZDT 71 (6 March 2025) [pdf, 237 KB]

   ...the reasons noted above, I have made a finding that there was no misrepresentation made by FT and RT to QC under s35(1)(a) of the CCLA. That is the only basis on which a private purchaser can claim damages from a private seller, because the consumer protections provided by the Consumer Guarantees Act 1993 do not apply to private sales of goods. (d) I am satisfied that the [vehicle] does not need to be fixed immediately and is driveable as is (for the reasons noted above). While I acknow...

3. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...to such a degree as is evident from the material before the Court. [59] The hostility and rancour between the principal parties continues to distract the trustees from their obligations to the beneficiaries. In one sense, when the evidence is carefully considered, the present situation could unflatteringly be characterised as an extreme case of bad neighbours. The ongoing conflict between the applicant and his first cousin Scott Wirihana Tawake over quite mundane matters – acc...

4. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public observa- tions about matters of court process and access to justice. This is what we set out to do in this paper, in the context of historic, current, and possible future legislative scenarios. Challenges facing environment courts...

5. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...reference to the deceit cause of action and the evidence to support it. [100] Reference is also made to the private investigator and his enquiries aimed at verifying the financial position of Mr HG and related entities. Counsel contends that the protections provided by rule 8.8 do not apply in the circumstances of Mr HG’s complaint. [101] Counsel also addressed the “numerous additional assertions and allegations”50 made by Mr HG in the course of his dealings with Ms PR, and...

6. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...it may show a disjoined vinculum over titles on either side of the roadway. Conversely, if it is shown as running over existing titles as per a right of way or has a joined vinculum running through it, then it is not a separate freehold title. Care should be taken in relying on sketch plans as they do not always follow the Court’s minute and are not necessarily approved by a Judge. Care should also be taken in relying on survey plans that have not been approved by the Court....

7. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...information requirements within X.12 should be added, as it is proposed to apply to earthworks.23 We agree that cross-reference should be added. Policy RE6.4 [28] STM notes that the court commented that policy RE6.4 is narrower in focus than protection of the values of the relevant water bodies. The JWS states that with the addition of the new clauses in policy RE6.3, the narrowness of the policy may be less of a concern.24 STM does not agree, and submits further amendments a...

8. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

9. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   ...against inciting speech to religious belief was one of the recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019 (the Royal Commission). 3 The Manifesto also committed to better protecting Rainbow communities1 from discrimination and prejudice, including adding gender identity as a prohibited ground of discrimination in the HRA. Executive Summary 4 Cabinet has previously agreed to accept the Royal Commission�...

10. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

    ...rejected that proposition and Mr Collins threatened to complain to the Real Estate Agents Authority if Edinburgh proceeded to seek the balance of the commission. In fact, Edinburgh so instructed its solicitors to proceed. [25] The appellant was carefully cross-examined on behalf of all parties. We understood that if the licensee had not left Edinburgh then the latter would have got 50 to 70 percent of the total commission of $25,000; but it has worked out that Edinburgh has receive...