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1. Bamber v Monschau - Tahorakuri A No 1 Sec 33A 2 (2019) 218 Waiariki MB 292 (218 WAR 292) [pdf, 415 KB]

   ...trustees per s 240 of Te Ture Whenua Māori Act 1993. Shane Monschau and Harry Te Ngaru seek to remove Aaron Bamber as trustees, while Aaron Bamber seeks to remove Shane Monschau and Harry Te Ngaru as trustees. Both applications are opposed and are separately sought to be struck out. The issues for determination are therefore whether either or both of the proceedings should be struck out and whether any of the trustees should be removed. Kōrero whānui - Background Tahorakuri...

2. Family Court Rewrite Submission - NZ Nurses Association [pdf, 307 KB]

   ...education – providing information resources, advice and support as appropriate; and  referrals to appropriate health, education or social service where the B4 School Check has identified the need for such services. 3. Should there be a separate support workers for adults and children? Yes, we support the Backbone Collective (https://www.backbone.org.nz/) recommendation for a national network of independent specialist children’s advocates be established immediately to work a...

3. Koia – Estate of Hoani Tau Takahi (2015) 133 Waiariki MB 273 (133 WAR 273) [pdf, 194 KB]

   ...together with the issue living at the death of the deceased of any child of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased: (b) where the deceased leaves no issue, but leaves brothers and sisters, the persons entitled shall be the deceased’s brothers and sisters living at the death of t...

4. Harvey v Accident Compensation Corporation [2015] NZACA 7 [pdf, 253 KB]

   ...for accident compensation coverage was made, which was ultimately successful. Claims were then made for various entitlements under the legislation, including payment for “attendant care”, being the care that had been provided to him by his parents since birth. The Corporation granted attendant care for a later period commencing when Mr Harvey was older, but not for his earlier years. [3] The essential issue for me is whether Mr Harvey has shown that the level of care he requ...

5. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...century for the purposes of reinforcing whakapapa links between groups and for individuals to succeed to land interests on behalf of particular whānau. 7 c. Whāngai practices continued to adapt to changing social conditions and geographical separation of whānau through the twentieth century. 8 d. “Whānau whāngai” includes the practice of children living with families of aunts and uncles for various reasons including breakdown of whānau units. There is no clearly und...

6. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...previous response I found that the documents reviewed in the completion of my original BAC report were detailed and complete. The report I wrote based on those reports was thorough and clear. Therefore I did not feel the need to interview Grace or her parents in order to complete this review.” [29] Ms Andrews quoted the history of Grace’s injury as described by Mr Taine, but apart from this I have repeated the assessment in full, except for the references to the reports that Ms A...

7. 3.0-W-RIS-Family-Court-Associate-FINAL.pdf [pdf, 2.4 MB]

   ...Statement | 3 The Family Court Associate is expected to improve the experience of Family Court users, and mitigate the negative impacts of delay. It will do this by enabling timelier decisions to be made; providing more certainty for children, their parents, and whānau. Timelier justice services will also promote public confidence in the justice system and rule of law. The Judicial Officer model maximises these benefits. The experience required for the role, and its independence...

8. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...by the defendant, was flawed in that it was incomplete, not independent and reached erroneous conclusions. As the defendant’s agent, ACL is said to have failed to interview key persons such as the plaintiff herself, other relevant staff, and parents of students. It is claimed that ACL did not gather or consider appropriate information including the defendant’s policies, and it failed to provide the plaintiff with copies of the information relied on by ACL. [10] Next, the plain...

9. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...entry ie, a ‘multi-door’ approach to family justice so that irrespective of the point of entry, the steps in the process are similar and seamless for all cases, with the first step being FDR mediation, where appropriate. It is inevitable that separating parents, caregivers, and whānau who need help making decisions about their children (Intending FDR Parties) will access the Family Justice Service (and FDR in particular) at different points of entry. Many Intending FDR Parties will...

10. Family Court Rewrite Submission - Waitemata Community Law Centre [pdf, 1 MB]

    ...available to children where appropriate. However the concern in this regard is to ensure the safety of children first and foremost. Any counselling would need to be designed specifically for children and be completely confidential. Question 11: Are Parenting Through Separation/Family Dispute Resolution suppliers, Family Justice Service Coordinators and Judges best placed to refer people to counselling? Are there any other service providers who should be able to refer to counselling...