Search Results

1. Macey v Whitehead - Hauiti Marae (2008) 180 Gisborne MB 31 (180 GIS 31) [pdf, 3.1 MB]

   ...Maniapoto Appellate MB 360 where it was held that the meeting of beneficiaries simply decides what evidence to place before the Couti . . The hui does not decide who is to be appointed a trustee. That remains the preserve of the Comi, which will carefully consider several factors in deciding whom to appoint, including the wishes of the beneficiaries and the experience of the proposed trustees. [31] In conclusion, I consider that the only practical outcome is for the all the current...

2. Tuwhangai v Boon – Kawhia U 2B Block - (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) [pdf, 303 KB]

   ...that remains the case, I do not consider that an order under s 18(1)(a) declaring any equitable interest that the successors of Mrs Ormsby might have in the joint tenancy, would offend the provisions of s 77 of the Act. The Court must of course be careful that any such determination does not seek to annul, quash, declare or hold that the 1992 order is invalid. Decision [31] The Court does have jurisdiction in accordance with s 18(1)(a) to hear and determine the equitable claim ma...

3. [2017] NZEmpC 149 P v A [pdf, 184 KB]

   ...conflicted with earlier and subsequent minutes issued by me. This apparent conflict does not indicate any error in the judgment, but nevertheless the point should be clarified. In an earlier minute dated 19 July 2017, I had indicated that in order to protect the then current position there would be an order extending the interim non-publication order made by the Authority until such time as P’s interlocutory application could be heard and a judgment on the application issued by...

4. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...did not waive privilege and would not normally do so.16 [27] Mrs Shannon’s lawyer had also filed an affidavit, but it contained information breaching her privilege. In a cautionary observation the Court said that Ms Shannon would have to be careful not to rely on her lawyer’s affidavit because, if she did, privilege would be waived. [28] Both Ophthalmological Society and Shannon predated the Evidence Act 2006. [29] Section 65 of the Evidence Act reads:

5. [2019] NZEnvC 035 Taylor v Small [pdf, 269 KB]

   ...memorandum, paragraph [50]. 42 Respondents' response memorandum, paragraphs [13] to [19]. 14 or District Court's approach for the Environment Court's wide discretion.43 [44] I address quantum in the next section. Outcome [45] Having carefully considered the matters raised by the parties I have concluded that an award of costs should be made. [46] Costs should be awarded in this case for two primary reasons: (a) An application for enforcement orders was made and...

6. LCRO 123/2018 RA v [Area] Standards Committee (24 April 2019) [pdf, 184 KB]

   ...Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 6 (c) Was Mr RA untimely in providing the information requested by the investigator? Analysis (1) Committee’s investigation — duty to co-operate [30] Consistent with the consumer protection purposes of the Act, a lawyer against whom a complaint has been made must cooperate with the Standards Committee investigating the complaint. (1) Standards Committee [31] Under s 141 of the Act, a Standards Committee is authorise...

7. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...Objectives 1) Heavy industry operates efficiently and is not unreasonably constrained by other activities. 2) Business - Heavy Industry Zone zoned land, and activities that are required to locate there because of the nature of their operation, are protected from the encroachment of: a) activities sensitive to air discharges and activities sensitive to noise; and 10 b) commercial activities that are more appropriately located in other business zones. H16.3. Policies 1)...

8. [2020] NZEmpC 236 Maheta v Skybus New Zealand Ltd [pdf, 259 KB]

   ...Maheta will be unable to pay future costs to Skybus if his claim is unsuccessful. Once that threshold is met the Court may order security to be given if that would be just in all the circumstances. [42] Considering this test usually involves a careful balancing of interests between the plaintiff and defendant.27 The balance required is to ensure that access to the Court for a plaintiff should not lightly be denied, which may be the consequence of ordering security, but a defenda...

9. Copy of NZCVS Cycle2 Infographic Victimisation of adults with psychological distress Data Tables fin 20210111 [xlsx, 82 KB]

   ...attribute the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution, not the New Zealand Ministry of Justice logo. mailto:NZCVS@justice.govt.nzhttps://www.justice.govt.nz/justice-sector-policy/research-data/nzcv...

10. Guidance for the appointment of Human Rights Commissioners [pdf, 257 KB]

    ...such as the disclosure and consideration of conflicts of interest. Due diligence processes are used to ensure the integrity and probity of the candidates. The processes used should remain consistent across all Commissioner appointments. Care should be taken to ensure that the overall panel composition is sufficiently diverse and properly representative of civil society. It is important that the panel is independent from government. Where potential panel members are also pu...