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1. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...recognition by legislation and by the Courts. [37] It is not for us to comment on the merits of Ms Taueki's claims about the environmental impact of farming on the lake and the surrounding area. Those are matters that are governed primarily by the Resource Management Act regime. This Court does not have a role in policing environmental issues relating to Maori land, except to the extent that such issues might arise in the context of the Court's jurisdiction under section 18 of t...

2. Inia v Julian [2019] Māori Appellate Court MB 333 (2019 APPEAL 333) [pdf, 441 KB]

   ...the Ministry is not careful, applicants would have the full right to take those matters to the High Court, and I want a copy of today’s minutes sent to the Chief Registrar and to her director. I expect the situation to improve with additional resourcing and staff, otherwise the Chief Judge and I cannot be expected to be able to keep processing matters in the way that is required under this Act” (Emphasis in original) [43] Regarding the delays between 2014 and 2017, at [8] Ju...

3. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...Morris completed settlement of the purchase on 23 April 2014. [5] Mr and Mrs Morris subsequently approached the Auckland Council, with regard to installing a swimming pool at the property. They were advised they would be required to apply for a resource consent. They then found that some neighbours would raise an objection to such an application, so did not pursue it. [6] In March 2017, Mr and Mrs Morris listed the property for sale with Megan Jaffe Real Estate Ltd (trading...

4. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...in with tikanga and whenua is whakapapa. Whakapapa connects you to your tupuna, Whānau, Hapū, Iwi and history. Inherent in your whakapapa is your identity (and history) of your tupuna. Whakapapa also provides you with mana over people, land, resources, or other things both physical and spiritual. [27] On this basis, to try and put it simply, the land is a taonga, whakapapa provides the connection to, and mana over, the taonga, and tikanga provides how this relationship is to...

5. LCRO 185/2017 DO v DP (18 March 2019) [pdf, 237 KB]

   ...finding “is disproportionate to any criticism which could be fairly levelled at him”. [49] He contends the Committee “has applied” a standard “which is “next to impossible to achieve”, taking into account “limitations of time, resourcing restrictions, commercial pressures, the clash of deadlines and practical hindrances such as inability to contact clients and similar circumstances”. [50] He says he abides by the professional rules and is “a conscientious and...

6. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

   ...circumstances at the time the dismissal or action occurred. [74] In applying the test, the Court must consider the non-exhaustive list of factors set out in s 103A(3) of the Act. Those factors are: (3) … (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employe...

7. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

   ...continue in employment from that time may give rise to an issue of waiver. However, that was not pleaded nor argued. [32] To assist Mr Noonan in his dealings with Ms Hamon at the two meetings on 17 December 2007, he had employed a private Human Resources consultant, Ms Raewyn Kirkman. Ms Kirkman in fact drafted the two letters sent to Ms Hamon in preparation for the meetings. She attended both meetings. She gave evidence at the Court hearing. She stated that following the me...

8. NZ Core document [pdf, 1.1 MB]

   ...strategic and cross-sectoral policy. (l) Te Puni Kōkiri (Ministry of Māori Development) 199. Te Puni Kōkiri was created by the Ministry of Māori Development Act 1991, with a focus on education, training and employment, health, and economic resource development. Te Puni Kōkiri’s principal duties under the Act are to promote increases in Māori achievement across these key social and economic areas. 200. Linked to this, Te Puni Kōkiri has a duty to monitor and liaise with each d...

9. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 537 KB]

   ...“sufficient” carries several meanings as is illustrated by the following definition:40 adj. 1. sufficing, adequate, enough (is sufficient for a family; didn’t have sufficient funds). 2. = SELF-SUFFICIENT. 3. archaic competent; of adequate ability, resources, etc. sufficiently adv. … (emphasis original) [62] From that definition it is possible that “sufficiently”, when used in s 50J(3), means that the Authority must be satisfied what happened was adequate to support...

10. [2021] NZACC 50 - Astle v ACC (17 March 2021) [pdf, 224 KB]

    ...certainly not as a significant back pain as what she currently presents. [97] He also notes: Her degeneration of the lumbar spine has not precluded her from working successfully and leading a normal life and working for Child Youth and Family as a resource worker for 14 years. [98] I acknowledge Mr Yates’ reference to the cases of Hereaka and Brennan that in a suspension decision the Tribunal must first consider whether ACC had a sufficient basis for making the decision at...