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1. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...trustee of the Koro Pue Whānau Trust. The trustees are the majority owners of Okawa A1B. They seek an injunction against the Respondents on the basis of an alleged actual trespass by way of encroachment over the land. In particular, the Applicant claims that the Respondents have illegally erected, permitted to be erected and maintained on the land structures and trees including fences, a lean-to, out-houses and a water and septic system. All of which the trustees say prevent them...

2. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

3. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clauses 26(3) and 30 of the Bill respectively exclude damages or other forms of monetary compensation as a remedy for any failure by the Crown to comply with Te Kawenata without good cause or a protocol under the Bill. 9. These clauses may be seen to raise the issue of compliance with s 27(3) of the Bill of...

4. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.[5] Exclusion of remedy of compensation 8. Clause 29(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with a Culture and Heritage protocol issued under Part 2 of the Bill. It might be argued that this clause limits the right to bring civil proceedings against th...

5. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [3] Whether s 27(3) at issue 8. Clause 23(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

6. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

   ...(AB & AW Reed, Wellington, 1972 ed) Genealogical Table xiv 'Smith - Tuahu 3X (2006) 113 Wairoa MB 224 (113 WR 224) 128 Wairoa MS 81 [11] The matter was set down for hearing for the first time on 27 March 2007. However, Mr Hamilton requested for health reasons that the hearing be deferred until June 2007. It was duly adjourned until 21 June. On that date, Mr Hamilton was represented by Mr Barney Tupara. However, the trustees did not have counsel and the nature of the all...

7. Langhorne v ACC [2010] NZACA 11 [pdf, 78 KB]

   ...treated the review application lodged under Part 9 of the 1992 Act, as coming under Part 5 of the 2001 Act. [9] This process was upheld and promoted by the Reviewer, and acquiesced to by the Case Manager, despite counsel’s repeated objections and requests to conduct the review under the correct legislation. [10] Through correspondence with Legal Services and the Wellington City branch office, ACC was put on formal notice on 28 February 2008, 4 March 2008, 4 April 2008, 18 Apr...

8. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...treated the review application lodged under Part 9 of the 1992 Act, as coming under Part 5 of the 2001 Act. [9] This process was upheld and promoted by the Reviewer, and acquiesced to by the Case Manager, despite counsel’s repeated objections and requests to conduct the review under the correct legislation. [10] Through correspondence with Legal Services and the Wellington City branch office, ACC was put on formal notice on 28 February 2008, 4 March 2008, 4 April 2008, 18 Apr...

9. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

   ...Bachu set out his allegations in writing. Earlier, having received some telephone indication from Mr Bachu as to his allegations, the chief executive officer had commenced an enquiry within the company of those alleged to have been involved. He formed the view that the allegations of Mr Bachu were unfounded. [4] Matters appeared to rest there. Mr Bachu in his written documents had indicated that he would not be returning to work and as the second of the two written documents...

10. Notman v Accident Compensation Corporation [2016] NZACA 01 [pdf, 112 KB]

    ...the opportunity to monitor the claimed entitlement over more than 35 years ([2015] NZACC 237 at [28]). [46] At the same time, the Authority was reminded of the District Court’s line of cases requiring careful scrutiny of later medical opinion formed without the benefit of contemporaneous examination and diagnosis. [47] Mr Notman does not have any other medical evidence, particularly evidence contemporary with the relevant period from 1975 to 1992, supporting his claim to have...