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1. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

2. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...We order that he is to pay a fine of $15,000 to the Authority, within 20 working days of the date of this decision. [60] 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 ___________________ Mr G Denley Member _____...

3. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...failing to adhere to the terms of trust and core accountabilities may be sufficient grounds for termination. 5 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 6 See also Chambers v Keepa – Te Hinau A Pura Whānau Trust (2016) 350 MB 74 (350 AOT 74) at [45]; Rata – Te Rongoroa A7 Block (1991) Aotea Appellate MB 223 (13 APWG 228) at 244; Morgan – Tautuku Block XIII Section 5 and...

4. Apo v Hudson - Maraenui No 141 and other blocks (2019) 227 Waiariki MB 43 (227 WAR 43) [pdf, 293 KB]

   ...satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [27] The leading authority on the removal of trustees is Rameka v Hall.2 The Court of Appeal in this case held that there is a two-stage test to determine whether a trustee should be removed. Firstly, the court must be satisfied that the trustee has breached his or her responsibilities. Secondly, if so, the Court must deci...

5. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

6. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

   ...practicable, all leave commitments are planned to be met and spread as evenly as possible throughout the year. [46] The obligation to consult staff and to take their preferences into account when compiling the leave roster, and the existence of an appeal process by referring any disagreement to head office, supports the conclusion that the parties created a comprehensive mechanism. The second sentence in cl 5.2.1 Ms Dunn relied on, specifying how much leave may be allocated, does...

7. Tawera v Tawera – Waitangi A1A2 (2014) 39 Tairawhiti MB 45 (39 TRW 45) [pdf, 188 KB]

   ...attempt to partition her shares in the block. Mrs Tawera acquired those shares through a series of gifts from members of the Reedy whānau. 1 Her application for partition was successful in the Māori Land Court but that decision was reversed on appeal by the Māori Appellate Court in 1992 and her partition was reduced to a right to occupy. 2 This history was covered by the Māori Appellate Court in Tāmati Muturangi Reedy v Heneti Tawera - Waitangi A1A2 (1992) and is reproduced be...

8. Te Moni - Wharepouri Te Moni [2020] Chief Judge's MB 544 (2020 CJ 544) [pdf, 379 KB]

   ...and (b) If so, is it necessary in the interests of justice to remedy any mistake or omission. 14 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 15 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 555 Did the Registrar make a mistake or was there was an omission in the presentation of facts? Kōrero - Discussion [14] The first issue is answered by reference to the application filed and...

9. Darryl Sycamore [pdf, 457 KB]

   In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC-47 Under the Resource Management Act 1991 (RMA) In the matter of an appeal under section 120 of the RMA Between Blueskin Energy Limited Appellant And Dunedin City Council Respondent Statement of evidence of Darryl Sycamore 24 February 2017 Respondent's solicitors: Michael Garbett Anderson Lloyd Level 10, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959,...

10. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

    ...and her son. He then goes on to say: This was evidenced by a letter of instruction that was prepared by the lawyers and signed by Mouat. Moreover, Mouat was advised on three further occasions that independent advice was recommended. The Court of Appeal found that this consent was not adequate to relieve the lawyers of their duty of loyalty. 1 The basis for the decision was that the conflict was so great it was impossible to act adequately for both clients. This view had been sugg...