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1. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...Raimapaha Rei left a will dated 6 December 1985 and probate was granted on 9 June 2005. Mr Brown has submitted a letter dated 1 February 2001 where, in essence, he contends that Mr Lett may not be receiving a fair value for his 431 Aotea MB 101 interest in the lands he seeks to gift to Mr Waitai. Mr Lett in response to Mr Brown’s letter simply said, “I just need to get this over and done with so I can move on with my own life”. Te take Issue [3] The issue for deter...

2. Maritime Powers Bill [pdf, 151 KB]

   ...action and responses. There are many opportunities for those engaging in illegal activity to evade law enforcement activities in open waters and delays in obtaining a warrant could impede law enforcement. 2 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 3 Ibid at [162] per Blanchard J. 4 Hamed v R, above n3, at [172]. 5 See, for example, R v Rao (1984) 12 CCC (3d) 97. 15. Clause 16 of the Bill sets out the criteria for exercising t...

3. BORA Outer Space and High Altitude Activities Bill [pdf, 202 KB]

   ...8 For example, Canada (Minister of Employment and Immigration) v. Chiarelli [1992] 1 S.C.R. 711 at [48]; Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3 at [43], [44]; Charkaoui [2004] 3 F.C.R. 32 (F.C.) at [100], [101]; R. v. Shayler, [2002] 2 All E.R. 477 (H.L.); Murray v. United Kingdom (1995), 19 EHRR 193 (E.C.H.R.) at [58]. 9 See Klass v Germany (1979-80) 2 EHRR 214 and subsequent decisions. 10 (1976) AJHR A.4A. 11 See Zaoui v Attorney-General (

4. [2020] NZEnvC 106 Rangitane o Tamaki Nui a rua v Manawatu Wanganui Regional Council [pdf, 9.1 MB]

   ...evidence was unsworn and yet to be heard by the Court. Rangitane referred to provisions of the District Court (Access to Court Documents) Rules 2017 setting out the basis on which the public might access Court documents, including rr8(1), 8(3), 10(1) and 11-18. [11] Rangitane contended that the Kahungunu waiver application relied on Court documents obtained without the leave of the Court and that the party to the proceedings who/which had access to the documents and provided them to...

5. Auckland Standards Committee v RDM [2015] NZLCDT 26 [pdf, 100 KB]

   ...engage further with the practitioner before renouncing its executorship. The Tribunal finds that the course of correspondence from the practitioner was not misleading or wrong. The practitioner met his professional obligations as required by Rules 1.01 and 1.08 of the New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors (2004) Seventh Edition. [26] Arising out of these same matters, the Committee alleged that even if the practitioner’s correspondenc...

6. [2020] NZEnvC 201 Auckland Council v Noe [pdf, 12 MB]

   ...TP06-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile and amosite TP07-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile TPOB-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile and amosite TP09-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile TP10-1 Eurofins Solid 14/02/2020 0.0-0.1 N N/A TP11-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile TP12-1 Eurofins Solid 14/02/2020 0.0-0.1 y Chrysotile NOTES mbgl - metres below ground level 2020015 - Appendix C - Table 2 APPENDIX D...

7. ENV-2016-AKL-000270 Tram Lease Limited v New Zealand Transport Agency [pdf, 2.9 MB]

   ...viewer to provide for a minimum 32.5m (above ground at the site) floor of the volcanic viewshaft. 100.4 Delete Rules 2.11.1.1 and 2.11.1.2 and the basic floor area ratio and bonus floor area controls. Site 26: Other sites: (Maps 26A to 26I) 101 Other sites where similar decisions are sought regarding the general amendments listed in Appendix D include:

8. [2019] NZSSAA 11 (8 March 2019) [pdf, 225 KB]

   ...it is appropriate for the Ministry to provide him with the criteria for SLP and assess his entitlement for this assistance. 6 Chief Executive of the Dept of Work and Income v Scoble [2001] NZAR 1011 (HC) at [9]. 7 At [9]–[11]. 5 Koroua v Chief Executive of the Ministry of Social Development [2013] NZHC 3418 (HC). https://advance.lexis.com/document/documentlink/?pdmfid=1230042&crid=a576b4d5-c101-49a9-8199-3a73e1458bc1&pd...

9. Bowater - Pouto 2F (2008) 123 Whangarei MB 184 (123 WH 184) [pdf, 2.2 MB]

   ...Rental 21,113 Stumpage Payment 230,511 26,965 Cash Expenses 28,013 9,520 9,369 2,627 Net Surplus 179,109 38,679 4,150 24,249 Fixed Assets 1,400,000 1,400,000 (Not shown) (Not shown) Current Assets 7,992 33,635 31,043 28,381 Investment 309,876 101,889 78,977 76,282 [10] At the hearing on 27 November 2007 I heard fi'om the trustees and some beneficial owners. While the majority of the trustees had approved the dividend, the beneficial owners had not passed a resolution in s...

10. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

    ...the terms of the written employment agreement. As stated in the judgment: 14 9 Coca Cola Amatil v Kaczorowski [1998] 1 ERNZ 264 (CA at 280. 10 Heeley v Dblshot Ltd [2013] NZERA Auckland 101. 11 Smith, above n 2. 12 At [61]. 13 At [105] and see Hutchison v Canon New Zealand Ltd [2014] NZERA Wellington 72. 14 At [107]. The sections are intended to complement parties’ agreements and indeed, require,...