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1. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...that land changed to general land: refer Himatangi 2A1 (1962) 70 Otaki MB 29 (70 OTI 29).6 [27] In Jimmieson – Mangawaakino 4D2B (1978) 15 Waikato Maniapoto Appellate MB 334-344, 392-396 (15 APWM 334, 392) the Māori Appellate Court heard an appeal in relation to s 30(1)(h) MAA. [28] In that case the Māori Appellate Court examined previous cases in which the appellant Jimmieson had been involved in. On two previous occasions the appellant sought and was granted orders that s...

2. Hooker Family Trust v R & B Plastering Limited [2011] NZWHT Auckland 41 [pdf, 80 KB]

   ...roof being replaced. R & B Plastering Limited was the plasterer, not the roofer, and, given my findings as regards the parapets, has no liability for the roof replacement. Other expenses and the claim for stress [24] The Court of Appeal in Sunset Terraces1 made it clear that the owners of leaky homes are entitled to compensation (where it is proved) whether they are trustees or not. The Court does not differentiate between trustees and non-trustee occupiers. [2...

3. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...does not succeed.23 [28] The discretion is a broad one. Regard must be had to the overall justice of the case, and the respective interests of both parties must be carefully weighed up. That balancing exercise was summarised by the Court of Appeal in McLachlan v MEL Network Ltd in the following way:24 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an or...

4. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his or her own judgement for that of the Standards Committee, without good reason. [26] In Deliu v Hong it was noted that a review is:2 …much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the review officer reac...

5. Smith v Smith - Waipaoa 5A2 and other lands (2017) 64 Tairawhiti MB 270 (64 TRW 270) [pdf, 217 KB]

   ...file and prosecute applications in the Court for the appointment of new trustees, the variation of the trust order and for the determination per s 18(1)(a) of the Act for ownership of buildings; (c) at the appropriate time, to then discontinue the appeal against the decision of this Court dated 18 October 2016; [8] The parties agree that they will seek the Court’s approval for the appointment of an independent expert to review the administration of the estate in accordance with...

6. Puru - Takou [2018] Chief Judge's MB 563 (2018 CJ 563) [pdf, 351 KB]

   ...3 Ashwell – Succession to Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) and Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2018 Chief Judge’s MB 571 148 Alienation of undivided interests (1) An owner of an undivided interest in any Maori freehold land may alienate that interest to any person who belongs to 1 or more of the preferred classes...

7. Family Fixed Fees Schedules July 2020 [pdf, 522 KB]

   ...further instructions and reviewing merit • Undertaking negotiations • Attending Registrar’s list/chambers hearings • Liaising with relevant parties – Oranga Tamariki, counsel for child, witnesses, experts • Reporting to client Appeals against financial decisions- preparation Estimate required by amendment For • all preparation related to appeal • reporting to client • preparing application for amendment to grant Appeals against financial decisions...

8. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [pdf, 190 KB]

   ...Ltd, above n 7, at [31]; Aviation and Marine Engineers Assoc Inc v Air New Zealand Ltd [2013] NZEmpC 172 at [71]–[72]; New Zealand Air Line Pilots’ Assoc Inc v Air NZ Ltd [2014] NZEmpC 168, [2014] ERNZ 709 at [14] and [17] (undisturbed in later appeals). days are not fixed, the reference is back to the day of the week on which the public holidays fall: Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they...

9. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...profession. Mr Boyer is to pay a fine in the sum of $1,500. [16] Mr Boyer is also censured. A suspension recognises the severity of the conduct but still enable an agent to be rehabilitated. [17] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ………………………………………………… Ms K Davenport QC Chair ………………………………………………… Ms N Da...

10. Dr Nicholas Tony Shears - Evidence in Chief [pdf, 485 KB]

    BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under Clause 14 of the First Schedule of the Act BETWEEN TRUSTEES OF MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent -· STATEMENT OF EVIDENCE OF DR. NICHOLAS TONY SHEARS ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs...