Search Results

1. [2021] NZEnvC 165 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Toanga [pdf, 554 KB]

   ...supported by tangata whenua including Ngā Hapū o Poutama and whānau and hapū affiliating primarily with Ngāti Maniapoto and Tainui waka.48 Te Rūnanga o Ngāti Tama opposed the application on the basis that it would set an unintended precedent permitting “non-tangata whenua” to create a large Māori reservation in areas that traditionally fall within the domain of other iwi, in this instance Ngāti Tama. Such groups could then act contrary to the wishes of tangata whenua...

2. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...empowers the Court to grant commissions while s 38 includes provision for the Court to approve reimbursements. These are additional powers over and above the Court’s general supervisory jurisdiction regarding fees and expenses where the Court may permit payments to be made to trustees, even in circumstances where the strict formalities and procedures set out in the trust order have not been followed.18 Clause 4.2 of the trust order also specifically enables the Court to approve...

3. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

   ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [104] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit e...

4. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...challenges or other proceedings suggests strongly that Parliament intended the Court to be able to grant effective and appropriate remedies. As already noted, we are not aware of any other appellate structure, especially in which hearings de novo are permitted, that precludes effectual remedies in some cases. [41] We are confident that, when subs(2) was inserted into s183, Parliament did not intend to deprive the Court of jurisdiction to effectively discharge a major part of its...

5. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...further consideration, possibly in the context of the plaintiff‟s personal grievance. Remedies are also reserved. [95] It is, however, accepted by the defendant that there are no express statutory provisions in subpart 1 of part 6A which would permit a new employer to decline to accept an employee entitled to transfer on grounds such as misrepresentation, fraud, criminal record or the like. Such grounds may provide an employee with justification for declining the employment...

6. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

   ...the former client would be undermined. [96] Rules 8.7 and 8.7.1:17 … reflect the exercise by the Court of its inherent jurisdiction to control its own processes, one of the aspects of which is the power to determine which persons should be permitted to appear before it as advocates. [97] For the prohibition in r 8.7.1 to apply, the circumstances described in paragraphs (a) to (d) of the rule must all be present.18 - confidential information held [98] Paragraph (a) require...

7. [2020] NZREADT 34 - Hammond v Real Estate Agents Authority (11 August 2020) [pdf, 386 KB]

   ...February 2019 (“the Property Check report”), which was emailed to them on 25 February. This stated under the heading “Conclusions”: The exterior walls are clad with direct fixed fibre cement sheeting. This type of construction is now not permitted in today’s construction methods without a drained and ventilated cavity due to the inherent weathertightness risks. There are a number of defects identified to the dwelling which may be allowing moisture ingress at present or...

8. 04.-Evidence-of-Ms-Siobhan-Karaitiana-Muaupoko-Tribal-Authority.PDF [PDF, 656 KB]

   ...of Helen Anderson on behalf of HDC and KCDC accurately summarises the outstanding issues raised by MTA, specifically in paragraph 202. However, I disagree with the planning assessment contained in Table 1: Horowhenua District Plan – Relevant Permitted Activity Conditions, that states that "The proposed activity is not in Page 24 the vicinity of a site of significance to Tangata Whenua and therefore [conditions 16.6.22 and 19.6.13] is not relevant." 35 83. Ra...

9. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

   ...provisions restricting alienation unless there is compliance with TTWMA. We tend to agree. “Inalienable” strictly prohibits alienation. In contrast, where alienation is restricted by compliance with certain conditions, it is nonetheless permitted subject to meeting those 2013 Maori Appellate Court 550 conditions. Māori Reservations generally contain wāhi tapu or land of special significance to Māori. It makes sound sense that reservation land should be inalienable....

10. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

    ...employee has been disadvantaged by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H; or … 2 Although not relevant for present purposes, s 67E permits an employee to refuse to perform work in addition to guaranteed hours if there is no availability clause which provides for payment of reasonable compensation; s 67F provides that an employee may not be treated adversely because...