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1. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...of intention to create a trust; certainty of subject matter (that is, the property subject to the trust and the extent of the beneficial interest of each beneficiary); and certainty of objects. These requirements were summarised by the Court of Appeal in Foreman v Hazard as follows:26 Property may be impressed with an express trust in one of two ways: either by a declaration of trust which involves a change in equitable ownership but not in legal title, or by a transfer of property...

2. LCRO 121/2017 PT v BD (25 July 2018) [pdf, 266 KB]

   ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

3. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   ...can create an artificial distinction. Such a distinction does not accord with the practice of the building industry, the expectations of the community, or the statutory obligations incumbent on all those people. [36] This was confirmed on appeal in the decision of H Williams J in Boyd v McGregor6 where he stated: [28] …[T]he Court‟s view is that labels are arid ground for debate: in issue are the functions assumed by those said to be liable, what legal obligations may...

4. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [pdf, 333 KB]

   ...or (d) is referred to in any other relevant document and is itself relevant. … [24] The role of pleadings in assessing relevance is important. The leading authority on this topic is Airways Corp of New Zealand Ltd v Postles, a Court of Appeal decision which considered the former reg 48 of the Employment Court Regulations 1991.1 [25] For the purposes of that regulation, the Court of Appeal said: [5] With respect we consider the judge erred in law in drawing for present p...

5. 2023-09-15-Evidence-of-Anna-Carter-for-Prouse-Trust.pdf [pdf, 2.6 MB]

   ...site-specific management plans, and other certification required under NZS4404:2010. My experience relevant to this proposal includes: P a g e | 5 a) Provision of planning evidence in support of Waikanae Christian Holiday Park Incorporated appeal on the NOR for the McKays to Peka Peka (“M2PP”) as it related to road traffic noise, groundwater, biodiversity and access matters; and; and b) Preparation of assessment of effects for subdivisions and development including w...

6. LCRO 10/2024 BV and XV v OQ (28 May 2025) [pdf, 298 KB]

   ...scope of review [52] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:8 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41] (citations omitted). 9 The Review Officer has...

7. PC8 Urban Common Bundle - Volume 4 [pdf, 13 MB]

   ...mitigation or remediation, and protects people and communities. Policies Please note: Variations to parts of this chapter have been decided by Council on 18 March 2021 as part of Stage 3&3b of the PDP. You can view the Stage 3 Decisions and appeals notices on our website. The appeals and section 274 periods for the Stage 1, 2 and 3&3b Decisions have closed. CB1391 PART 5 EARTHWORKS 25 Queenstown Lakes District Council - Proposed District Plan Decisions Version (...

8. De Wet v North Shore City Council [pdf, 323 KB]

   Claim No: 2109 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Andre De Wet and Annette Cornelia De Wet Claimants And North Shore City Council First respondent And Grant Hearle Williams Second respondent And Jason Thomas Williams Third respondent And Grant Hearle Williams and Jason Thomas Williams and Desmond Sarjant Williams as trustees of Aladdin Trust Fourth respondents And Anthon

9. OIA-111174.pdf [pdf, 25 MB]

   ...provided by the offender. 12. The person may apply for judicial review if they are dissatisfied with the outcome of the decision made by Police. If the decision is judicially reviewed then Crown Law will act for Police, including for any subsequent appeals. Supervision conditions 13. The returned prisoner must report to a probation officer within 72 hours of the notice being served, where the probation officer will explain the returned prisoner’s obligations under the supervision, and wha...

10. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

    ...of the Act. [49] It would, however, be illogical for the Court to not be able to consider the factual rationale for the employer’s belief. The principles are, in my view, succinctly contained within the following statement by the Court of Appeal in the Airline Stewards and Hostesses case where at 993 the Court said: What are reasonable grounds for a belief of misconduct must depend on the facts of each case. But at the time when the employer dismissed the employee the empl...