Search Results

1. Nikau v Rongomau - Whangape Parish Lot 23B Horahora Marae [2012] Māori Appellate Court MB 300 (2012 APPEAL 300) [pdf, 132 KB]

   ...fellow trustees at the material time. 11. The finding of the “skewed” voting hui and the trial judgment. 5 De Loree v Mokomoko and Ors – Hiwarau C (2006) 11 Waiariki Appellate Court MB 101 (11 AP 101). 2012 Māori Appellate Court MB 304 Admissibility of marae charters [12] A preliminary issue arose for us in relation to the admissibility and relevance of the two marae charters for the Horahora Marae. [13] By...

2. CM v JD & Ors LCRO 006/2013 (10 March 2016) [pdf, 59 KB]

   ...are in for a large capital loss … ”2 1 Letter CM to Lawyers Complaints Service (12 June 2012). 2 Above n 1. 3 (3) Mr CM’s second complaint3 concerned a reference by Mr JD to rule 10.1 of the Nominee Company Rules which provides “No security may be released (… wholly or partially) … without the prior written consent of all of the investors … ”.4 (4) Mr CM also complained that the advance on the [City A] propert...

3. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-101-002 [2012] NZWHT AUCKLAND 31 BETWEEN LAI HING WONG LEE Claimant AND WELLINGTON CITY COUNCIL First Respondent (Settled and Discontinued) AND GARY ADRIAN KOORNNEEF Second Respondent Hearing: 5 July 2012 Appearances: P Cheng for the claimant G Koornneef self represented Decision: 13 July 2012 FINAL DETERMINATION Adjudicator: P A McConnell

4. Gemmell v Gemmell - Ngatarawa 2A3B1B2 (2023) 105 Tākitimu MB 199 (105 TKT 199) [pdf, 231 KB]

   ...strike out the injunction application and seek security for costs. [11] On 20 January 2023, Florence Karaitiana withdrew as an applicant. On 21 January 2023, the Court received an email from Belinda Wharehinga indicating that she and George 3 101 Tākitimu MB 296-297 (101 TTK 296-297). 4 102 Tākitimu MB 54-55 (102 TTK 54-55). 105 Tākitimu MB 202 Gemmell (another applicant) sought to withdraw the application. By email dated 26 January 2023, Anaru Kiwara (another app...

5. Matchitt - Te Kaha 65 (2019) 215 Waiariki MB 204 (215 WAR 204) [pdf, 299 KB]

   ...months to facilitate a meeting of owners.3 Following the meeting, the Court granted occupation orders in favour of Edward Matchitt, Bert Matchitt 3 Matchitt v Matchitt – Te Kaha 65 Block (2008) 101 Ōpōtiki MB 161 (101 OPO 161). 215 Waiariki MB 207 and Lisa Henry and dismissed the applications filed by Edward Matchitt for partition and Paratene Matchitt seeking an injunction.4 [10] Then in 2011, Edward Matchitt filed a...

6. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...order that an infringing good, material or object be delivered up or forfeited to certain persons and disposed of as the court thinks fit. New sections 131 and 147 enable the detention of infringing goods 6 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 7 Ibid at [162] per Blanchard J. 8 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [172] per Blanchard J. or suspected infringing goods that are in the control of Customs. On their face t...

7. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...finding of misconduct in Eichelbaum there had been five separate communications (emails and letters) as particulars of the charges. The High Court upheld the finding that together they constituted a wilful or reckless breach of Rule 10 and Rule 10.1. 12 [29] In discussing penalty in the Eichelbaum decision His Honour Venning J made reference to two other features which are also present in Mr Hong’s case. The first is the aggravating feature of the behaviour continuing “…...

8. McDonald v Peters [2012] NZWHT Auckland 51 [pdf, 159 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000025 [2012] NZWHT AUCKLAND 51 BETWEEN GREGORY JOHN MCDONALD Claimant AND TIMOTHY EDWARD PETERS First Respondent AND BUILDING APPROVALS AND SOLUTIONS LIMITED Second Respondent AND MIKE HISLOP Third Respondent AND NEILL BROWN Fourth Respondent AND CARLTON RICHARDS Fifth Respondent AND NELSON CITY COUNCIL (Removed) Sixth Respondent AND GRAEME SCOTT Seventh Respondent AND PHILIP HILLEARD E...

9. O'Connor v Macdee McLennon Construction Limited [2012] NZWHT Auckland 14 [pdf, 170 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000030 [2012] NZWHT AUCKLAND 14 BETWEEN KAREN & IAN O’CONNOR Claimants AND MACDEE MCLENNAN CONSTRUCTION LIMITED First Respondent AND DUNCAN MCLENNAN Second Respondent AND PORIRUA CITY COUNCIL Third Respondent AND GERRY KNOL Fourth Respondent Hearing: 23 June 2011 Appearances: P Robertson for the claimant G Reeves for the first and second respondent P Robertson for the third respondent G...

10. Vercoe v Keepa - Ruatoki B92 and Ruatoki B13A 2A (2015) 131 Waiariki MB 31 (131 WAR 31) [pdf, 301 KB]

    ...again. It was then resolved 2 86 Whakatāne MB 42 (86 WHK 42) and 83 Whakatāne MB 44 (83 WHK 44) 3 75 Whakatāne MB 226 (75 WHK 226) 4 85 Whakatāne MB 156-157 (85 WHK 156-157) 5 101 Waiariki MB 12-22 (101 WAR 12-22) 131 Waiariki MB 33 that the rates and all other debts accrued by Mr Keepa since 2007 when he assumed control of the trust, be his responsibility and not debts of the trust. [8] As foreshadowed,...