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1. Ruka - Taheke 23 A (2012) 2012 Chief Judge's MB 416 (2012 CJ 416) [pdf, 192 KB]

   ...a marae for “many years” and that Hiri Reihana Ruka “asks only that a site be taken from his share of the land”. In essence the request of Hiri Reihana Ruka has been granted by the Court. 26. On 29 April 1974 Wahineiti Ellen Huriwai requested that the Court allocate an area of 2 acres for the marae and advised that “Hiri Richard Ruka filed the application on behalf of the Committee”. The Applicant claims that Hiri Richard Ruka was the “donee for Taheke 23A” but...

2. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...(affirmed by the Court of Appeal in Nottingham v Real Estate Agents Authority [2017] NZCA 1. 5 See Nottingham, at [81]. [a] Emails dated 4 and 6 March 2019 (which refer to emails and documents relating to the March 2015 transaction); [b] Cross-claim documents in a High Court civil proceeding brought by Mr Beath against the vendors of the property, the Agency, and the licensees (“the cross-claim documents””); [c] Emails between the Agency’s Administrator and the lice...

3. XG v NG & BQ [2021] NZDT 1642 (3 November 2021) [pdf, 250 KB]

   ...foundation. XG said that when he talked to KU after he had carried out the inspection, he (XG) was only concerned to hear whether the house passed the earthquake test. He said that KU told him that there were no major issues with the house. He then informed the agent to proceed with the purchase. It was when his wife received the [Inspection Company] Report by email, after the contract was signed, that he heard about the issues with the house. He said that receipt of the Report l...

4. Black v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 202 [pdf, 243 KB]

   ...continued to receive earnings for another 52 weeks. [5] On 7 February 1997, Mr Black’s father made a call to the Corporation. The note of the call reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Cante...

5. [2012] NZEmpC 32 2012 French v ACC [pdf, 44 KB]

   ...2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 32 WRC 41/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for leave to extend time to file statement of claim BETWEEN MALCOLM FRENCH Plaintiff AND ACCIDENT COMPENSATION CORPORATION Defendant Hearing: (on the papers) Appearances: Ms Barbara Buckett, counsel for the plaintiff Mr Peter Churchman, counsel for the defend...

6. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

   ...whether a meaning consistent or less inconsistent with the right can be found [254] REMEDY [257] Crown submissions on remedy [260] Discussion – the comity point [262] The law reform point [267] The “good practice” point [270] The Crown request for a further remedies hearing [272] DECLARATION [277] COSTS [280] 5 INTRODUCTION [1] The Adoption Act 1955 came into force on 27 October 1955, some 61 years ago. But as one informed commentator has pointed out, the o...

7. [2018] NZSSAA 12 (28 February 2018) [pdf, 158 KB]

   ...states that the Ministry relies on a letter to the Authority from the Appeals Officer dated 12 October 2017 to support its submissions. [14] The Appeals Officer contends that asking an applicant for a benefit to attend a local office amounts to performance of an ancillary function under the State Sector Act 1988, not a decision. The officer cites s 32 of the State Sector Act which requires the Chief Executive to discharge his responsibilities for the efficient, effective, and eco...

8. [2013] NZEmpC 58 O’Hagan v Waitomo Adventures Ltd [pdf, 125 KB]

   ...Court. In Lee v Minor Developments Ltd 8 Judge Shaw observed that: 6 HCR 14.5(1). 7 At [51]. 8 AC 21/09, 24 April 2009. [16] In Simpson v BB’s New Zealand Ltd the High Court agreed that a request for costs of a judicial settlement conference was novel. It noted that such conferences are not included in the schedule of costs in the High Court Rules and held that this was a deliberate policy to encourage parties to attend and...

9. [2013] NZEmpC 9 Gini v Strugess [pdf, 73 KB]

   ...her to pay the defendant $4,500 in costs. There was no cross-challenge but the defendant seeks to uphold the Authority’s award. [2] By consent, it was agreed between the parties that no evidence would be heard but the hearing would take the form of the parties’ representatives presenting oral submissions on the papers before the Court. 1 [2012] NZERA Wellington 52. [3] The background facts are complex but there is no need...

10. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

    Rangahaua Whanui Nat ional Theme c THE CROWN’S ENGAGEMENT WITH CUSTOMARY TENURE IN THE NINETEENTH CENTURY HAZEL RISEBOROUGH and JOHN HUTTON July 1997 Firs t Release WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt i), R Daamen, P Hamer, and Dr B Rigby; (pt ii), M Belgrave District 5b: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr Dist