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1. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...I agree. I should add that I do not consider that Judge Coxhead adopted the narrower Halsbury’s definition. Paragraph [51] of his decision indicates otherwise. Case law in New Zealand [41] In Piripi Te Maari v Matthews, 15 the Court of Appeal was concerned with an outlet channel from Lake Wairarapa which was closed periodically and for long 14 Halsbury’s Laws of England (5 th ed, reissue, 2007 online ed), vol 1(...

2. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...we have felt obliged to take into account is Mr Hawkins’ failure to advise the Tribunal that a finding of unsatisfactory conduct was made against him by a Complaints Assessment Committee on 4 May 2015. Mr Hawkins’ response was that he was appealing against that decision, but that does not give grounds for his assertion that neither the complaint nor the finding had been made. The subdivision [7] Mr Hawkins is a licensed salesperson. In June 2012 he began working with Tremain...

3. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

   ...visibility of the protrusion detracts from the classical look of the house. BD commented that the use of the area around the house as flower beds is a feature of houses built in this period. ND referred to the slab detracting from the character and appeal of the 12 house, and referred to the difficulties that the slab causes for gardening. She comments that they used to have gardens all around the house. [31] In cross-examination Ms Paterson asked the applicants whether the...

4. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

   ...case in line with Hamlin41 rather than the validity of an insurance claim (Newlands)42 negligence of solicitors (James)43 or misstatements in a registered prospectus (Murray).44 Mr Davie pointed me to Baragwanath J’s finding in the Court of Appeal 40 Analogous to Thom v Davys Burton [2008] NZSC 65, [2009] 1 NZLR 437 at [25]–[26]. 41 Hamlin above n 38. 42 Newlands v Sovereign Insurance Company Ltd [2014] NZHC 803 at [36]�...

5. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...scope of review [46] 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 tha...

6. LCRO 220/2016 UT v LE (18 December 2018) [pdf, 290 KB]

   ...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 tha...

7. Leef v Leef - Panguru A47B (2015) 113 Taitokerau MB 11 (113 TTK 11) [pdf, 250 KB]

   ...the grantee. Ultimately, that involves an exercise of discretion on the part of the Court. As for the 6 Howell v Jaram – Omaio 43 Section 4 Block [2015] Māori Appellate Court MB 365 (2015 APPEAL 365). 7 Ibid at [37]. 113 Taitokerau MB 21 granting of a replacement occupation order (in favour of Robert), clearly the Court must be guided by ss 328 and 329 of the Act. [40] I set out ss 328 to 330 of the Act below:...

8. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...to the effect that summary dismissal should be reserved for the most serious kinds of misconduct which go to the root of the employment contract so as to destroy it all together or to render it impossible of continuation. The Court of Appeal in Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 at 487, when referring to conduct that deeply impairs or is destructive of the basic confidence or trust that is an essential of the employment relationship, we...

9. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...and Scope of Review [36] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

10. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

    ...with the same powers and authorities that the High Court has in respect of trusts generally, under the Trustee Act 1956 and the common law by virtue of the Court’s inherent jurisdiction. This jurisdiction is not exclusive. 9. The Court of Appeal has described the Māori Land Court’s powers with respect to trusts as “the most extensive supervisory powers”. This is in keeping with the 4 Māori Trustee v Smith – Waipaoa 5...