Search Results

1. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...

2. [2012] NZEmpC 190 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 87 KB]

   ...[6] The same or similar arguments as those advanced by Mr Wallace have been rejected by the Courts in New Zealand on numerous previous occasions. A summary of the relevant authorities can be found in R v McKinnon. 6 The decisions of the Court of Appeal in Knowles v Police, 7 R v Mitchell, 8 R v Harawira 9 and R v Toia 10 can be cited in this context. An example of the dicta consistently set out in these cases is the following passage from R v Harawira, per Chambers J: [8]...

3. Couper v Paki - Lloyd Alexander Couper (2012) 281 Aotea MB 156 (281 AOT 156) [pdf, 173 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Māori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. 281 Aotea MB 161 [21] The Māori Appellate Court recently considered the issue of rehearings...

4. Scott v Sullivan - Karamu AY Section 2 (2013) 27 Takitimu MB 5 (27 TKT 5) [pdf, 127 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. [24] In Rameka v Hall, on the issue of the relevant principles regarding removal, the Court of Appeal, citing with approval the approach of the Māori Appellate Court, stated: 6 [30] The settled approach in the Māori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the...

5. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...must be paid to the Authority within 20 working days of the date of this decision. [40] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____________...

6. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...of the trust: (b) the proper administration and management of the business of the trust: (c) the preservation of the assets of the trust: (d) the collection and distribution of the income of the trust. [20] In Rameka v Hall, the Court of Appeal noted that these general duties are not exhaustive and general trustee law principles are also relevant, as is the applicable trust order.7 In other words, trustees are subject to traditional trustee duties with the statutory overlay...

7. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   Director-General of Conservation v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 120 IN THE MATTER OF appeal under clause 14 of the First Schedule of the Resource Management Act 1991 in relation to the package of urban services and plan changes to the Operative Whangārei District Plan - Kauri Dieback Hygiene provisions BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2020-AKL-127)...

8. [2022] NZEmpC 54 Courage v Attorney-General [pdf, 226 KB]

   ...approach to balancing the matters to be considered under 7 Rule 11(8). 8 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]; Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460. 9 See the discussion in Schenker AG v Commerce Commission [2013] NZCA 114, (2013) 22 PRNZ 286; referred to in Crimson Consulting Ltd v Berry [2018] NZCA 460, [2019] NZAR 30 at [32]. Se...

9. MOJ0342.2-Homicide-factsheet-FEB22-PRINT.pdf [pdf, 689 KB]

   ...your victim impact statement in court at the sentencing hearing. Ask your court victim advisor or police victim liaison officer to ask the judge for you. The judge is required to consider your victim impact statement when sentencing the offender. APPEALS Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. If this happens, the prosecutor will let you know about the process. After court Once...

10. Tipene - Taiwhakaea B Block (2020) 241 Waiariki MB 115 (241 WAR 115) [pdf, 302 KB]

    ...custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. In Clarke v Karaitiana the Court of Appeal emphasised the importance of beneficiary support when considering trustee appointments and the nature and scale of the trust when applying s 222:5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obl...