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1. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...adjustments made in their favour. Counsel submits that the Court should not exercise its discretion to render the ultra vires actions of the trustees lawful. The actions taken by the trustees were deliberate and systematic and contrary to the powers permitted in the trust order. Discussion [41] The Francois report revealed that from 2008 to 2010 approximately $67,353 of trust funds had been spent on Nan Sullivan for house renovations, travel and her personal expenses. The propos...

2. [2009] NZEmpC WC 29/09 Smith v Attorney-General for Commissioner of Police [pdf, 93 KB]

   ...consisted only of a water tap, short hose, and a grated floor drain. Although Lower Hutt station practice was for officers to apply water to prisoners’ eyes while prisoners remained handcuffed, Constable Campbell both removed JC’s handcuffs and permitted him to wash out his own eyes with the hose. [9] For much of the relevant time that JC was at the Lower Hutt police station he shouted loudly and abusively and attracted the attention of others who were not dealing with him....

3. [2021] NZREADT 55 – Lammas v Real Estate Agents Authority (6 December 2021) [pdf, 340 KB]

   ...commission. In the circumstances, we find that unsurprising. The Freears introduced the purchasers and believed they were entitled to a commission from the Lammases. That factor is relevant. [127] It is also correct that personal service is expressly permitted under the agency agreement.14 It is a common practice in debt collection. It is not unprofessional to effect personal service of a demand because it could have been done just as effectively by some other means, though for...

4. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

   ...recounting the recent decision in Wallace v Attorney-General,12 that s 8 refers not only to the need for the state to protect the right to life, but (as part of that right) the need for the state to investigate certain deaths. Section 8 “not only permits, but in fact requires, the inclusion of an obligation to investigate a death that has occured at the hands of a State actor”.13 17 Judge Marshall went on to say that the “s 8 obligation for a ‘rights-compliant investigatio...

5. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...jurisdiction on review.24 [54] In Parker, the Court of Appeal noted the terminology used by Parliament in s 48(7) of the Industrial Relations Act 1973, being the predecessor to s 193 of the Act, commenting that it was clear that Parliament intended to permit judicial review only 21 See Tannadyce Investments Ltd v Commissioner of Inland Revenue [2011] NZSC 158, [2012] 2 NZLR 153; Ramsay v Wellington District Court [2006] NZAR 135 (CA); Love v Porirua City Council [1984] 2 NZLR 308...

6. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...assumes a significant degree of importance in this review. Section 200 of the Lawyers and Conveyancers Act provides: The Legal Complaints Review Officer must conduct any review with as little formality and technicality, and as much expedition, as is permitted by— (a) the requirements of this Act; and (b) a proper consideration of the review; and (c) the rules of natural justice. [84] Consequently, a review is not constrained by the same principles of admissibility of evidence...

7. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...Land Court to remove the Māori Trustee as custodian trustee for both blocks. [32] The matter was set down only for Oruanui 9 and was heard on 6 June 2014 along with the application of the Māori Trustee.3 As a result, cl 4(b)(i) was amended to permit the 3 99 Waiariki MB 89-97 (99 WAR 89-97). 2021 Māori Appellate Court MB 110 trustees “to acquire any land or interest in land whether by way of lease, purchase, exchange or otherwise” and the safeguards of effecti...

8. E86 Luke Faithfull - Planning - EIC - Mana Whenua in opp [pdf, 1.1 MB]

   ...other statutes in the implementation of the RMA, the interrelationship is already recognised in MACAA specially in s62(2) and (3) of MACAA which states [emphasis added]: (2) Subsection (3) applies if a person applies for a resource consent, a permit, or an approval in relation to a part of the common marine and coastal area in respect of which— (a) no customary marine title order or agreement applies; but (b) either— (i) an applicant group has applied to the Court under s...

9. [2016] NZEmpC 74 Tairawhiti District Health Board v NZ Nurses Organisation Inc [pdf, 275 KB]

   ...DHB to place a midwife or nurse “on any step of the relevant [salary] scale”, does not amount to an applicable clause which otherwise defines “Service” pursuant to cl 5. Again as a matter of interpretation, I conclude that the discretion permitted a new employer DHB by cl 8.1(b), is limited to placing a transferring employee such as Ms Marshall on a higher step of the relevant scale than that employee was on with a previous DHB employer. It also allows a new DHB employer...

10. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [pdf, 173 KB]

    ...procedure against the sums in issue or the value of the rights in issue in the proceedings. [25] The balancing exercise to be adopted by the Court in deciding whether the use of r 9.34 of the current High Court Rules (formerly r 322) should be permitted, to allow inspection of computer records as part of the document discovery process, is the subject of several decisions of the High Court. These were referred to by counsel in their submissions. [26] The first decision is Tyco...