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

   ...Baragwanath J. [16] In Hartley v Balemi,4 Stevens J concluded that personal involvement does not necessarily mean the physical work needs to be undertaken by a director but may include administering the construction of the building. The Court of Appeal in Body Corporate 202254 v Taylor5 has also more recently considered director liability and analysed the reasoning in Trevor Ivory Limited v Anderson.6 It held that the assumption of responsibility test promoted in that case w...

2. RB v CG LCRO 117/2013 (30 June 2014) [pdf, 56 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken 2 Stated verbally at the review hearing on 10 June 2014. 4 on any particular review and the extent of the investigati...

3. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 30 [pdf, 192 KB]

   ...hearing is required, a telephone conference will be arranged so that appropriate orders may be made as to filing submissions. [51] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson __________________ Mr G Denley Member ________...

4. The Maori Trustee v Brightwell - Kaipakopako 2C2 (2016) 354 Aotea MB 226 (354 AOT 226) [pdf, 287 KB]

   ...(78 AOT 31) 3 87 Aotea MB 58-59 (87 AOT 58-59) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM292141#DLM292141 354 Aotea MB 228 [8] In the Proprietors of Mangakino Township v The Māori Land Court the Court of Appeal discussed in the Court’s extensive powers on a review of a trust: 4 [19] We entirely agree with McGechan J that a review of the trust cannot sensibly be conducted unless the Court pays some regard to its performance — how well...

5. Sade - Miriama Mahanga Whanau Trust (2017) 146 Taitokerau MB 75 (146 TTK 75) [pdf, 192 KB]

   ...change of mind is usually insufficient as a ground for termination unless there is an absence of opposition; 8 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 9 Ibid, at [27]. 146 Taitokerau MB 79 (b) Termination should be refused where it is likely to result in detriment or create unreasonable disadvantage to affected parties; (c) Evidence of a trust failing to adhere...

6. Deer - Estate of Rihi Hoone Pekama [2017] Chief Judge's MB 133 (2017 CJ 133) [pdf, 436 KB]

   ...support of the applicant’s claim to have her mother Naomi included as a successor. 2 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judge’s MB 143 [19] Having regard to the above, it is clear that Naomi Emme Jacqueline Cox should be recognised as being a natural child of the deceased and be entitled to succeed to the decea...

7. NA v AL LCRO 68 / 2011 (10 April 2012) [pdf, 103 KB]

   ...[12] They also considered that there had been a lack of consideration by the Committee to the complaint of excessive overcharging by the Practitioner. They added that no importance had been placed on the advice given by the Practitioner not to appeal the initial injunction and overall they felt that their responses to the Practitioner’s submissions had been “virtually overlooked” by the Committee particularly with regard to their financial situation. [13] This review has be...

8. [2017] NZEnvC 140 Pierau v Auckland Council [pdf, 3.9 MB]

   BEFORE THE ENVIRONMENT COURT Court: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 1'-1 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act A PIERAU (ENV-2016-AKL-000174) Appellant AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Environment Commissioner D J Bunting Deputy Environment Commissioner R Bartlett Final decision made on the papers Appearances: Date of Decision: Date of Issue: B Carru...

9. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...penalty decision. He is also ordered to pay a fine of $5,000 to the Authority, within 20 working days of this decision. [47] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson ___________________ Ms N Dangen Member...

10. Name suppression processes for victims of sexual violence [pdf, 493 KB]

    ...v Police (ibid) at p. 21. 7 newspaper publicity, which the learned District Court Judge referred to as going “close to the wire”, there would have been no possible basis to order suppression of name now. I suppose the outcome of this appeal is simply an illustration, or example, of how the concept of freedom of speech and openness of justice can, if stretched when not permitted, lead as is the case here to the press being denied later the right on behalf of, and as surrogat...