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1. Matchitt v Patchell - Torere 64 Incorporation (2019)212 Waiariki MB 155 (212 WAR 155) [pdf, 298 KB]

   ...Court decision dated 7 October 2015,1 and my recent decision dated 21 December 2018.2 1 Watson v Parker – The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543). 2 Taku – Torere 64 Incorporation (2018) 204 Waiariki MB 115 (204 WAR 115). 212 Waiariki MB 157 [5] In its decision, the Māori Appellate Court noted at para [90] that “[t]he committee of management will need to arrang...

2. Seymour v Paenoa Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) [pdf, 214 KB]

   ...5 126 Waiariki MB 157 (126 WAR 157) 6 132 Waiariki MB 168 (132 WAR 168) 7 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) 8 Whaanga v Niania – Anewa block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) 9 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) at [14]-[20] 139 Waiariki MB 116 [14] The leading decision on partition is that of the High Court in Brown v Māori Appellate Court [2001...

3. BORA Parole Amendment Bill [pdf, 314 KB]

   ...the possibility of an earlier review) of a significant change in an offender’s circumstances or early achievement of risk milestones.[20] 7.5 Offenders may seek internal and judicial review of Board decisions.[21] In addition, offenders may appeal to the High Court against the making of a postponement order.[22] Other matters considered 8. The Bill provides for the mandatory application of the statutory standard release conditions[23] to all paroled offenders, but does not...

4. PSPLA - Form A: Certificate of approval [pdf, 209 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

5. Recorded Music NZ v VOD02014-D-R-9488397 [2014] NZCOP 2 [pdf, 219 KB]

   ...further we will be pleading not guilty as we have had travellers staying on top of our 6 new permanent flatmates all with different computers and if this goes to a tribunal we can confirm the amount of people (travellers) staying here and will be appealing this I [ ] brother is writing this, ring me. Regards ring to deal with this please reply before 18 April I also have medical evidence of a brain injury and need this correspondence portrayed via a house meeting as cannot read w...

6. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...the mediator signs the agreed terms of settlement: 1 The settlement is final and binding and enforceable by us; 2 Except for enforcement purposes, neither of us may seek to bring those terms before the Authority or Court whether by action, appeal and application for review or otherwise; 3 The terms of the settlement cannot be cancelled under s 7 of the Contractual Remedies Act 1979; 4 That s 149(4) provides that a person who breaches an agreed term of settlement to which (...

7. Oneroa v Kerehoma - Okahukura 8M 2C 2A 2A (2019) 401 Aotea MB 35 (401 AOT 35) [pdf, 330 KB]

   ...shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or [16] There is no express mention in s 222 of specific disqualifying factors, such as criminal convictions, for a nominated trustee. The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees. In that case the Court confirmed that, invariably, the views of the owners will be compelling, unless there are relevant disqualifying consideration...

8. Tupe Snr v Everton - Manunui No 1 4th Residue Ahu Whenua Trust (2015) 334 Aotea MB 227 (334 AOT 227) [pdf, 330 KB]

   ...out in s 73 must be satisfied, with the onus on the affected trustees to provide the necessary evidence and submissions. Further, while the Court can grant such relief, that remedy will not be given lightly. 25 [43] In Wong v Burt the Court of Appeal held that s 73 was not available when trustees had proceeded, with the knowledge that their actions had already been questioned as potentially being unlawful. 26 In such a situation, the Court stated, the proper course was to have...

9. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

   ...complaint with potential monetary loss was the advice provided after Immigration New Zealand made an adverse decision regarding the complainant and her family’s migration. There is no evidence that the inadequacy of advice regarding rights of appeal, and the legal obligations to leave New Zealand resulted in monetary loss. The complainant has written and said that, at least until recently, her family have remained in New Zealand. It seems likely that they have taken independent advi...

10. SW v RD LCRO 2/2012 (24 September 2015) [pdf, 62 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 on any particular review and the extent of the investigations necessary to conduct that review. Review Issues [14] Lawyers owe obligations according to a strict hierarch...