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1. Buchanan v Guardian Trustees Kareponia All Saints Anglican Church Trust - Kareponia 1A5D1 (2017) 149 Taitokerau MB 252 (149 TTK 252) [pdf, 210 KB]

   ...8 and 9 of the Māori Reservation Regulations 1994 state: 8 Powers of trustees The trustees of any reservation may, subject to any order of the Court,— (a) Authorise activities on the reservation by any person or class of persons: (b) Issue permits in relation to any activity on a reservation: (c) Apply to the Court for any directions in relation to the administration of the reservation, and the powers and obligations of the trustees: (d) Call meetings of interested persons in r...

2. [2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd [pdf, 174 KB]

   ...[55]. remuneration absent negotiating a higher hourly rate of pay, given the hours that he was working. [43] Mr D’Arcy-Smith was picked up each morning by NHL in an NHL vehicle and taken to the worksite. He also said that he was permitted to take an NHL vehicle home on occasion. Mr D’Arcy-Smith was not required to provide any tools or equipment. All of the tools required to carry out his work were supplied by the company. Nor was he required to provide his own...

3. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...Verbose, ill- drafted pleadings may defeat the purpose of a statement of claim to such an extent that it is an abuse of process. This principle is intended to prevent the improper use of the machinery of a court or tribunal. Pleading should not be permitted to be a means of oppressive conduct against opposing parties. [32] Under the High Court Rules, r 15.1 a statement of claim may be struck out if there has been such an abuse: 15.1 Dismissing or staying all or part of proceeding (1...

4. Perkins v ACC [2013] NZACA 19 [pdf, 63 KB]

   ...interpretation should be guided by the words of the section read in the context of the Act. At page 5, Blair J considered discretion afforded under the section and said that compensation should not be scaled down because of the statutory minimum. The words permit the Commission to use some discretion in assessing compensation, and the Act envisages some cushioning, rather than full restitution in the common law sense. The same idea is given expression in the proviso to subs (1) wherein...

5. Environment Court annual report 2014 [pdf, 282 KB]

   ...implemented in light of the overall climate of factors. As discussed earlier in this report, the Court has dropped from 15 permanent Commissioners and 6 Deputies to 12 permanents and 5 Deputies. The continued option of access to Deputy Commissioners permits the Court the flexibility it needs to manage the variable workflows albeit their workload currently is quite low. The Principal Environment Judge’s plan to seek bolstering of Commissioner numbers in Christchurch and Auckland is on h...

6. Te Manutukutuku Issue 33 [pdf, 5.2 MB]

   ...in 1874 and 1876 most of the harbour was vest- ed in the Napier Harbour Board as a harbour endow- ment. Depriving Maori of access to wahi tapu and use of Te Whanganui-a-Orotu for fishing, shellfish gathering, transport and other purposes. Permitting serious environmental dam­ age and destruction. Failing to ensure, by legislation or oth­ erwise, that Maori had an effective role in the conservation and resource man­ agement of Te Whanganui-a-Orotu in accordance with their statu...

7. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...Committee that a valuation as required by para 8 sch 4 to the Rules was not required on renewal of a loan and that was addressed by the Committee in its decision. In the applications for review the lawyers included the same issue: “LCN Rules do permit differentiation between initial loans and later renewals”. [20] However, Mr QV advised in his written and oral submissions for the review hearing that the “position was not maintained in this review”. [21] It seems therefore...

8. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

   ...review conducted by Review Officers properly falls within the definition of work carried out by a tribunal. [15] That inquiry is necessary in order to establish whether the discretion allowed under sch 2 of the Epidemic Preparedness Act 2006 which permits courts or tribunals to extend the timeframe for filing applications, ameliorates the strict approach Review Officers have historically adopted when considering review applications that have been filed out of time. [16] The functi...

9. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

   ...Executive of LINZ in assessing what would be “fair consideration” in relation to Awapuni 1F3. [31] The Chief Executive of LINZ has a statutory role under s 41 of the Public Works Act 1981 (PWA) to comply with s 40 of that Act and s 40(2)(d) permits a sale by the Chief Executive “at any lesser price”. The respondents remain committed to further discussions with both Airways and LINZ in relation to Awapuni 1F3. [32] For these reasons, the respondents request that the Court,...

10. LCDT Annual Report 2023 [pdf, 471 KB]

    ...(of a procedural nature) can be considered by the Chair alone, and some of which require the convening of the full, or reduced number Tribunal. A reduced quorum, consisting of three members (Chair, one lay member and one lawyer member), is permitted under the Act to consider applications for Interim Suppression of Name and for Interim Suspension Orders. These provisions allow speedier consideration of such applications at a considerably reduced cost. At times, in order to...