Search Results

1. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...can be summarised as follows: (a) The issue is one of interpretation of the trust deed, not a statute and therefore the Interpretation Act 1999 does not assist; (b) Judge Coxhead was correct to find that the lands were held on trust as a tribal resource. This was consistent with the nature of the whenua topu trust which is a trust for community purposes rather than for individual purposes; (c) It was common ground that other hapū could not have a beneficial interest as hapū...

2. [2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland [pdf, 308 KB]

   ...will wend their way through the appellate pathways. This case is not in that category. That is not to say that it will not ultimately be challenged; simply that it does not immediately impress as a case that might warrant the application of such resources. The key point is that mere assertions that a relatively straightforward case 10 Johnston v The Fletcher Construction Co Ltd, above n 2. (footnotes omitted) will...

3. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Tribunal’s process. She also failed to comply with directions to seek an adjournment, and caused the hearing on sanctions to be abandoned at the last moment. These abuses of the disciplinary procedure have significantly extended the amount of time and resources expended on this proceeding. Accordingly, Ms Shadforth will be required to contribute to the Tribunal’s costs. [56] The processes involved in the Tribunal’s hearing on the papers are directions of 28 August 2015, a minute of...

4. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...submissions are unsuccessful for two reasons. The first has already been dealt with. The bargaining did not remove the pay increase awarded to Mr 5 See White v Reserve Bank of New Zealand [2013] NZCA 663, [2013] ERNZ 367 at [33]; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696 at [217]– [222] and [261]. Farmer from 1 April 2019. Further, the company did not point to any aspect of the union’s notice initiating bargaining, a b...

5. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Committees where complaints are initially, and usually finally, adjudicated. [86] In my view, s 205 of the Act is intended to arm this Office with the summary ability to bar applications for review that lack merit, in order to focus what are limited resources to cases where there is an arguable case for the review application proceeding further. Abuse of process [87] The meaning and application of “abuse of process” has been widely considered by the courts. Some useful them...

6. NZCVS 2023 Cycle 6 Reporting to Police [xlsx, 85 KB]

   ...sample and a Māori booster sample that aimed to increase sample size for Māori. Information on the number of interviews completed from each sample is provided below. Refer to the NZCVS methodology report for further details about the survey, found at resources and results. NZCVS sample time periods and sample composition Period of data collection Time period covered by data Main sample size (response rate) Māori booster sample size (response rate) Total sample size (response...

7. [2018] NZSSAA 19 (7 May 2018) [pdf, 250 KB]

   ...of temporary additional support is to provide temporary financial assistance within the prescribed limits as a last resort to alleviate the financial hardship of people whose essential costs cannot be met from their chargeable income and other resources, while ensuring that people seeking or granted that assistance take reasonable steps to reduce their costs or increase their chargeable incomes. 69C Disability allowance … (2A) A disability allowance is not payable to or on acc...

8. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

   Livestock Exclusion (Topic 16) IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 104 IN THE MATTER OF the Resource Management Act 1991 AND a matter of appeals under Clause 14 of Schedule 1 to the Act AND in a matter of Stock Exclusion – Topic 16 of the Proposed Northland Regional Council combination land and water plan BETWEEN FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) MINISTER OF CONSERVATION...

9. [2022] NZEmpC 77 Courage v Attorney-General [pdf, 422 KB]

   ...I accept that Peter Righteous tried to accommodate preferences, including from boys and/or their parents. However, he conceded in cross-examination that it was ultimately the interests of the Gloriavale businesses which dictated where labour resources needed to be applied and where they were applied.11 [52] Zion Pilgrim (who is Daniel Pilgrim’s father) described the reality of the situation from a parent’s perspective:12 If a parent was not happy with where their child was...

10. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

    ...the Rūnanga had advised Mr Taniwha he would need to be vaccinated as a result of the promulgation of the Order. [9] Detailed reference was made to a conversation which took place on 10 November 2021 between Mr Taniwha and the Rūnanga’s human resources manager, Mr Tamaki, for which the Authority had a transcript. In summary, the Authority recorded that Mr Taniwha had been told the Rūnanga considered that relevant staff needed to be vaccinated by 15 November 2021 or have receive...