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1. BORA Financial Advisers Bill [pdf, 375 KB]

   ...the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific. 65. The right in section 27(1) affirms that decisions are made in a procedurally fair way. Natural justice requires, in...

2. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 ) IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST 31 1h October 2017 738 739 INTRODUCTION 1. My name is Graeme James Lawre...

3. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [22] An important authority on the role of trustees in the adherence to their duties is the Court of Appeal judgment Rameka v Hall.7 In that decision, the Court confirmed that trustees of Māori land remain bound by orthodox terms of trust and trust law principles 7 Rameka v Hall [2013] NZCA 203. See also Apatu v Trustees of Owhaoko C...

4. D v IAG New Zealand Ltd [2022] CEIT-2020-0014 [pdf, 619 KB]

   ...case. I do not consider that the ruling in Sleight applies to this case. [104] There is no suggestion that WD would not consider this matter finalised based on what I order IAG to pay for his property under the Policy, and subject to his right to appeal this decision. That is, it is WD who seeks a lump sum to finalise his claims against IAG once and for all, as opposed to wanting to hold IAG liable for further as yet unclaimed payments as the repair progresses. My decision is a judi...

5. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...connected by whakapapa to the land and each other. On occasion, an award of costs will frustrate this aim. 13 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 147 Taitokerau MB 246 [17] Mr Paerau is a beneficiary of the whānau trust, which in turn is a beneficiary of this trust. As such, it could be argued that an award of costs is not appropriate in this case as it...

6. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

   ...it to the 1 In a decision issued on 21 August 2020, the Committee found the defendants guilty of unsatisfactory conduct in relation to non-disclosure of the presence of “Dux Quest” plumbing at the property. That decision is subject to an appeal to the Tribunal. Agency’s Central Relationship Management (“CRM”) system, accessible by licensees at the Agency, including the defendants. [11] The defendants informed one of the trustee owners, Ms D, about the cancelled...

7. Tere - Kinohaku West TT1 [2021] Chief Judge's MB 574 (2021 CJ 574) [pdf, 362 KB]

   ...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [9] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

8. Clark v Trustees of Poukawa 9G and others trust (2011) 6 Takitimu MB 285 (6 TKT 285) [pdf, 136 KB]

   ...3 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233). 4 Marino – Repongaere 4G (Part) (2004) 34 Tairawhiti Appellate MB 98 (34 APGS 98). 5 Apatu v Puna – Owhaoko C 1 and 2 (2010) Maori Appellate Court MB 34 (APPEAL 34). 6 Apatu v Puna – Owhaoko C 1 and 2 (2010) Maori Appellate Court MB 34 (APPEAL 34) at 37. 7 Ellis v Faulkner – Poripori Farm A Block (1996) 57 Tauranga MB 7 (57 T 7) at 7–8. 8 Ellis v Faulkner – Poripori Farm A Block (199...

9. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...September 2006, AC 49/06 and NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Air Nelson Limited unreported, Chief Judge Colgan, 17 June 2007, CC 12/07 2 [2001] ERNZ 822, 838 of striking or locked out employees. On appeal, this was reinforced by the Court of Appeal in that case3 which found that s97 confers employment related rights on employees and constrains the bargaining power of an employer for the benefit of the striking or locked out employees. T...

10. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

    ...Judge Clark summarised the applicable principles: 9 [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. … [41] In a recent decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise...