Search Results

1. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...it may show a disjoined vinculum over titles on either side of the roadway. Conversely, if it is shown as running over existing titles as per a right of way or has a joined vinculum running through it, then it is not a separate freehold title. Care should be taken in relying on sketch plans as they do not always follow the Court’s minute and are not necessarily approved by a Judge. Care should also be taken in relying on survey plans that have not been approved by the Court....

2. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

3. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ...information requirements within X.12 should be added, as it is proposed to apply to earthworks.23 We agree that cross-reference should be added. Policy RE6.4 [28] STM notes that the court commented that policy RE6.4 is narrower in focus than protection of the values of the relevant water bodies. The JWS states that with the addition of the new clauses in policy RE6.3, the narrowness of the policy may be less of a concern.24 STM does not agree, and submits further amendments a...

4. Miller v REAA & Robinson [2013] NZREADT 14 [pdf, 84 KB]

   ...rejected that proposition and Mr Collins threatened to complain to the Real Estate Agents Authority if Edinburgh proceeded to seek the balance of the commission. In fact, Edinburgh so instructed its solicitors to proceed. [25] The appellant was carefully cross-examined on behalf of all parties. We understood that if the licensee had not left Edinburgh then the latter would have got 50 to 70 percent of the total commission of $25,000; but it has worked out that Edinburgh has receive...

5. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...whom she described as having shown “grace under fire”. This submission is not of assistance in our assessment of the veracity of the defendant and Ms A, respectively. However, we found Ms A to be a credible witness. She gave her evidence carefully and made concessions where appropriate. [41] On occasion, the defendant was combative, and appeared to be unable, or reluctant, to answer a direct question (even when directed to do so by the Tribunal). Further, he appeared to be...

6. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...that the duties to the Court, and to existing prospective and former clients are adhered to, and that the reputation of the legal profession is preserved. e) These obligations operated independently and together to impose a duty on counsel to protect the parties to the litigation from an international resident acting in bad faith. The breaches in this case amounted to a serious dereliction of duty, so that the law firm/counsel would be properly amenable to the Court’s jurisdic...

7. Recommendations Recap Issue 18 [pdf, 736 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2018 Office of the Chief Coroner | 2018 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a

8. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...Mr Farrell agrees.20 [52] Messrs Kyle and Geddes oppose the specification of a 100m setback. They consider “a more nuanced approach” is required because they consider there may be locations within this setback area that are well suited for carefully designed residential development which would successfully align with the matters in proposed Pol 24.2.1.5, and the other relevant policies in PDP Ch 24 that are collectively assessed with full discretion. In the event the court con...

9. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   ...against inciting speech to religious belief was one of the recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019 (the Royal Commission). 3 The Manifesto also committed to better protecting Rainbow communities1 from discrimination and prejudice, including adding gender identity as a prohibited ground of discrimination in the HRA. Executive Summary 4 Cabinet has previously agreed to accept the Royal Commission�...

10. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

    ...[53] The Evidence Act provides that a witness who gives evidence in preparation for a case has privilege for this evidence (see s 56). The purpose of this is to enable a free exchange of information or robust discussion of the issues and to ensure protection of this process. [54] Section 96 of the Real Estate Agents Act provides that - 96 Protection and privileges of witnesses Every person has the same privileges and immunities as a witness has in a court of law in relation to...