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1. McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu MB 19 (40 TKT 19) [pdf, 176 KB]

   ...to carry out the duties of a trustee satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [7] In terms of authorities I refer to the Court of Appeal decision Rameka v Hall, the reasoning of which I adopt here. 3 Discussion [8] This is an uncomplicated case. The respondent has been convicted, as described by Judge Davis in the Napier District Court, “of receiving in terms that...

2. Wilson - Waiwakaiho H2B (2012) 288 Aotea MB 63 (288 AOT 63) [pdf, 187 KB]

   ...3 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) 4 Regeling - Orokawa 3B (2009) 7 Taitokerau Appellate MB 131 (7 APWH 131) 5 Whaanga v Niania – Anewa block (2011) 2011 Maori Appellate Court MB 428 (2011 APPEAL 428) 288 Aotea MB 67 [19] Third, the Court is to exercise its general discretion mindful that it may refuse to exercise that discretion if it would not achieve the principal purpose of Part 14 of the Act: section 287(2). The p...

3. Sullivan v Sullivan-Teepa – Te Haroto 2B2B Trust (2014) 31 Tākitimu MB 138 (31 TKT 138) [pdf, 146 KB]

   ...every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [10] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.6 I adopt the reasoning set out in that judgment. Discussion [11] This is a case simply about who should be put in charge of this land. Two of the owners, doubtless close whanaunga, who have a history...

4. [2015] NZEmpC 16 NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [pdf, 96 KB]

   ...no more than $45,000 plus GST of the costs actually incurred by the defendant can properly be regarded as reasonable. Proportion of reasonable costs which the plaintiff ought to pay [16] In accordance with the guidelines set by the Court of Appeal, I take as a starting point an award of costs of two thirds of $45,000, that is $30,000. I disregard GST on the assumption that the defendant is GST registered and will already have recovered the whole of the GST component of its costs...

5. ABR v ZYN and ZYM [2013] NZDT 35 (20 May 2013) [pdf, 91 KB]

   ...phrase “full particulars” of the loss used in a policy wording has been interpreted to mean “the best particulars the assured can reasonably give”. In Challenge Finance Ltd v State Insurance General Manager [1982] 1 NZLR 762, the Court of Appeal referred to a statement from Halsbury’s Laws of England: “The particulars [of loss] required necessarily vary according to the nature of the insurance. They must be furnished with such details as are reasonably practicable. Whet...

6. LAT - Practice note - 2011 [pdf, 176 KB]

   ...document, it will do so by notice in writing. [5.5] Any person who has provided original documents to the Tribunal may request their return. Such requests will be considered after the Tribunal’s decision is delivered and the time limited for appeal or judicial review has expired. [5.6] The Tribunal will provide a copy of the application for review, the submissions and all supporting materials to the Commissioner (s 54(c)). The Commissioner is to file submissions and relevant d...

7. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

   ...[13] A mutual mistake exists where there has been a different erroneous belief about some matter related to the contract (that is, where neither party has correctly appreciated the position). In a case very similar to this one, an early Court of Appeal decision took the view that where a purchaser and a vendor were mistaken as to the amount of land being sold that it could be said that one party was mistaken as to the amount of land being sold, whilst the other party was mistaken as...

8. Holden - Hiraani Te Hei (2011) 271 Aotea MB 106 (271 AOT 106) [pdf, 72 KB]

   ...in relation to the adoption of the children were bona fide and that the adoption should be recognised. Kathleen Blake and Ralph Wellwood were held to be entitled to succeed to Hiraani Te Hei according to Māori custom. [13] On 18 May 1906 an appeal was heard by the Native Appellate Court against the decision referred to above. The issues for the Appellate Court were firstly, whether the children were adopted and secondly, what effect must be given to the registration of an adopti...

9. Auckland Standards Committee v Castles [2014] NZLCDT 8 [pdf, 77 KB]

   ...relation to dishonesty on the part of the practitioner by misleading the Standards Committee on two occasions and the finding that he had represented non-chargeable time to 1 [1994] 2 All ER 486 (Court of Appeal), at 492. 5 appear as a discount to his clients in a manner which we found to be “utterly misleading”.2 [13] Mr Katz reminded us of the vulnerability of these clients, a matter which was in Hart3 considered an aggr...

10. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

    ...route, we agree with the Society’s submission that a presumption of “openness” is implicit and in the absence of a body of case law specifically relating to s 240 and s 238, we adopt the principles expressed in R v Liddell4 by the Court of Appeal relating to s 140 of the Criminal Justice Act 1985, as principles that best support the purposes of the Act: “In considering whether the powers given by s 140 should be exercised, the starting point must always be the importance in a d...