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1. Māori Trustee v Ihaia - Omapere Taraire E & Rangihamama X3A (Aggregated) (2014) 88 Taitokerau MB 9 (88 TTK 9) [pdf, 269 KB]

   ...cancellation of the shares is a more effective and efficient route as opposed to the revesting of the shares in the other owners. The large number of owners in this case would make revesting an unappetising and laborious prospect with the risk of human error in calculating and revesting those interests in proportion to the current shareholding. The cancellation of the shares will have the same effect but by far more efficient, accurate, and practical means. [46] Section 18(1)(b)...

2. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...provisions in the offered documents. [22] The Court was advised that the Authority held an investigation meeting into these issues in November 2020, but the Authority’s determination has yet to issue. [23] On 24 August 2020, AFFCO’s National Human Resources Manager, Mr Dane Gerrard, sent a communication to workers at Imlay as to a proposed rate review, and as to availability provisions. AFFCO wished the recipients to sign an attached schedule, which would bring about variat...

3. Advancing Electoral Reform papers [pdf, 2.2 MB]

   ...have lower electoral participation rates compared to the overall voter turnout. One of the key objectives of electoral reform is to encourage electoral participation by all eligible voters (but particularly those with lower participation rates). Human Rights 59 Improvements to the electoral system will help support and maintain the electoral rights guaranteed under section 12 of the New Zealand Bill of Rights Act 1990. The review could also help to ensure the electoral system is free f...

4. Te Manutukutuku Issue 38 [pdf, 5.7 MB]

   ...Professor Keith Sorrenson at­ tended the World Conference on Remedies to Racial and Ethnic Economic Inequalities in Minne­ apolis as the Waitangi Tribunal's representative. Held in May, the conference was hosted by the Roy Willdns Center for Human Rela­ tions and Social Justice, and the Humphrey Institute of Public Affairs at the University of Minne­ sota, Minneapolis. The Chief Judge of the Tribunal , Eddie Durie, had been invited to send a Tribunal Member to speak at the...

5. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...have impacted on her level of motivation would not have rendered her incapable of thinking rationally about the adverse decision and its implications. It is also possible that her response to the contents of the ERA document resulted in the normal human reaction of avoidance, given her distress that her grievance was not upheld. [30] On behalf of the applicant, Mr Beck then provided the Court with a second psychiatric report on the applicant. This was provided by Dr Earthrowl, a cons...

6. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...not the role of an agent to prevent a purchaser from making an offer. [37] Mr Hargreaves further submitted that the Committee’s decision is discriminatory, in breach of s 19(1) of the New Zealand Bill of Rights Act 1990, and s 21(1)(i) of the Human Rights Act 1993, which prohibit discrimination on the grounds of (among other things) age. He submitted that Mr Pallatt was fully competent, and there was no evidence that he was not competent, or even vulnerable. He submitted that...

7. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...been pointless dispute, she completed the application form and instructed her secretary to resend the application. This was dispatched with note that the form had been “duly signed”. [119] Regrettably, in what presents as a case of genuine human error, Ms VK’s secretary inadvertently resent the application in its original form. [120] This was unfortunate, but an administrative error in that nature of that which inevitably occurs from time to time in busy offices where a signi...

8. Wharekawa - Succession to Rewi Maniapoto (Manga) [2021] Chief Judge's MB 1170 (2021 CJ 1170) [pdf, 402 KB]

   ...whaanau of Tokorangi in Marton and my grandmother’s whaanau from Te Maawhai and many others. 52. Kawa was raised by his uncle Hauraki Tonganui who accompanied the Ngati Te Kohera and Parekaawa contingent to Orakau and was used by Manga as a human megaphone because of his booming and strong voice. Te Waa or Waiuku whose only child was our grand aunt Matarita and her uri are many now living in Piopio, Tokaanu, Taumarunui and across the country. 2021 Chief Judge’s MB 118...

9. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [39] Section 67 of the Act provides: A claimant...

10. Williams v Accident Compensation Corporation [2024] NZACC 118 (17 July 2024) [pdf, 210 KB]

    ...which the person has cover. Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [35] In Ambros,1 the Court of Appeal envisaged...