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1. Reihana - Estate of Ngapipi Rewiti Panapa [2017] Chief Judge's MB 238 (2017 CJ 238) [pdf, 505 KB]

   ...share of the total shares that were for Whetumarama Hetaraka. That would leave the shares held by Thomas and Raymond Reihana unaffected by the family arrangement and the vesting order; (c) At 5 Auckland MB 333-335 dated 15 February 1974 only permitting the vesting of shares held by Atawhai Wilcox, Hariro Heta, Herbert Hetaraka, and Violet Whetumarama Te Kani; (d) At 31 Tauranga MB 168 dated 31 March 1971 upon succession to Kahirini Reweti or Kihirini Reweti by determining both...

2. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...upon or with whom the offence has been or is alleged to have been committed, or any name or particulars likely to lead to the identification of that person, unless— (a) That person is of or over the age of 16 years; and (b) The court, by order, permits such publication. [45] Section 139 applies automatically. It has the following limbs: [45.1] There must be a report or account which relates to proceedings. [45.2] There must be an action which constitutes publication of that report...

3. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...shares. There is currently one dwelling on the block, which is occupied by major shareholder Denby Reihana.7 [9] Local authority zoning rules allow for one residential dwelling unit and one family flat per site, on sites up to 40 hectares, as a permitted activity. For two or more residential dwelling units or family flats on the block, it is considered a discretionary activity under the District Plan requiring a specific resource consent.8 6 445 Aotea MB 54-56 (445 AOT...

4. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...be bound by the trustees’ proposal until she knew of Mr CK’s and their sister’s response, I make the observation the preferable approach for Ms SE might have been to first inform the trust’s lawyer that Ms AF’s instructions would not permit Ms SE to communicate Ms AF’s position on the trustees’ resettlement proposal until Mr CK and their sister had responded. [81] In that way Ms SE would have reduced or eliminated any possible perception the trust’s lawyer may ha...

5. National Standards Committee v Young [2017] NZLCDT 41 [pdf, 315 KB]

   ...20 See above n 12. 18 [80] We are mindful that in assessing Mr Young’s conduct we must reach our own independent conclusion without merely referring to the comments of the Judges who dealt with the proceedings.21 However, we are permitted to accept evidence of the comments of Courts on relevant matters, and attribute such weight as we see fit.22 [81] The Judges who were the recipients of Mr Young’s arguments did not mince words: “His actions were concerning in a...

6. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...pleaded not guilty. The charge was ultimately withdrawn. Mr Harris conceded that he would have been given the documents. Once again, possession of the document does not establish it was lost in Albany. [41] Mr Miller also gave evidence that it is permitted that a prisoner personally carry out a physical inspection of the prisoner’s file, albeit in the presence of a Corrections officer. In this way it was possible that Mr Harris could have had direct access to original documents fr...

7. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

   ...for the activity. (5) ... [44] Section 108AA RMA builds a little on the previously understood common law test in Newbury9 that consent conditions must be imposed for [resource management purposes] and must fairly and reasonably relate to the permitted development and not be unreasonable. The key wording held subsequently in Estate Homes10 was that a condition needs to be "logically connected" to the proposed development and not relate to an external or ulterior concern,...

8. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   ...inappropriate or inadequate. The same constraints apply to the Court under s 190 of the ER Act. These provisions replace a much stricter constraint on the Employment Court under s 104(2) of the now-repealed EC Act. Under that provision, the Court was permitted to vary contracts only if satisfied beyond a reasonable doubt that such an order should be made and that any other remedy would be inappropriate or inadequate. This application of the evidentiary burden applicable to th...

9. [2021] NZEnvC 042 Baldock v Auckland Council Community Facilities [pdf, 1.5 MB]

   ...54: 54. Where works on the site are creating vibrations, that in the opinion of the Council's Team Leader Monitoring (Central), constitute an unreasonable disturbance beyond the boundaries of the subject site that may exceed the AUP(OP) permitted vibration standard, the consent holder shall cease works until a suitably qualified expert has been engaged to undertake monitoring of the works and provide confirmation that peak particle velocities measured on any foundation or upp...

10. [2018] NZEmpC 86 Ports of Auckland Ltd v Maritime Union of NZ Inc [pdf, 374 KB]

    ...“cancellation” are unnecessary words to have included unless, from the outset, the actual roster already specifies the times of work. The proviso also recognises that whereas 24 hours’ notice is desirable, where shorter notice is only possible, that is permitted because the company is only required to “endeavour” to provide the 24 hours minimum notice. This is further recognised in the Hours of Work Policy, where an audit and review process is to operate in instances where...