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1. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...beneficiaries, trustees and indeed the Court itself have acted in the belief that the land is subject to a reserve or a Māori reservation. The website ―Mäori land on line‖ also makes reference to Horowhenua 11 as a Mäori reservation [11] Yet a careful search of the Court’s records has not disclosed any gazette notice to that effect. In the absence of such evidence it seems unlikely, based on the material currently before the Court, that a Māori reservation was ever create...

2. Denyer v CAC 403 and Kenny [2019] NZREADT 18 (6 May 2019} [pdf, 239 KB]

   ...other offers (although she considered it unusual in this case, given the sum the vendor was seeking for the property) but was concerned that the new owner may have been misled about the MTNZ report, and be living in a P house with no knowledge or protection. [17] Ms Denyer further stated that she believed that her offer to purchase the property was not presented to the vendor, because Ms Kenny knew that the MTNZ report was “fraudulent”. She went on to say, however, that...

3. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...provided that fees would be charged on the basis of time, strict adherence to this overlooks the fact that time spent is merely one of the reasonable fee factors set out in r 9.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). (d) Determining a fair and reasonable fee is qualitative as well as quantitative. (e) Mr KC’s decision to charge a fee based solely on time spent resulted in a fee that was neither fair nor reasonable. (f) I...

4. LCRO 293-2014 KX v Area Standards committee X [pdf, 206 KB]

   ...information on which [GI] could rely in accepting the obligations of being appointed a trustee with personal liability as a trustee; (c) Failure to inform [GI] in breach of r 12.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules), if she was not providing legal services to [GI], of the right to take independent legal advice. (d) Failure to provide competent advice and information to [JB] in November 2013 in response to her request to...

5. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...letter of recommendation written by the Woods in respect of Mr Keighran dated 7 June 2020. a possible altercation. Mrs McLean-Woods also took advice from the Hospitality Association. Mrs McLean-Woods understood that there was a need to protect the safety of both Ms A and Mr Keighran and to manage the tensions within the workplace in an appropriate manner. [7] On 5 August Mrs McLean-Woods emailed Mr Keighran. She advised Mr Keighran that Ms A had now made a formal co...

6. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...Appellate Court and Bruce v Edwards could be relied on as support for the propositions that the Act was not premised in a continuing link between owners and Maori land and that the wishes of the owners were not to be entirely ignored; (g) as a protection of the incorporation's interests the Roachs were prepared to offer it a right of first refusal should they decide in the future to sell the land. This was despite the fact that the Roachs were not legally required to offer any...

7. [2024] NZREADT 43 - TL v CAC 2204 LS Ray White (5 November 2024) [pdf, 300 KB]

   ...return the signed form until the sale and purchase agreement became unconditional. This was too late. 6 Complaint No: C48426 (26 September 2023). 8 The Committee regarded the statutory process as a key element of the transaction to protect the vendor. The licensee’s lack of understanding of the process was serious. She was found to be guilty of unsatisfactory conduct. 2. Did the licensee provide incorrect information to the purchasers regarding the leak, and was...

8. Waitangi Tribunal theme Q - Foreshore [pdf, 559 KB]

   ...foreshore claims to made out and proved in the ordinary manner. Not all parts of the foreshore are equally important, and possibly for much of it the Land Court would not be persuaded to issue a certificate of title. Yet another possibility is to consider carefully the possibility of some new form of title which will recognise both the historic property rights of the tribes and the importance of public access today. The highest and best formulation of the Crown’s title to the foreshore...

9. [2020] NZEnvC 211 Panuku Development Auckland Ltd v Auckland Council [pdf, 2.3 MB]

   ...issues about the other proposed conditions that had been identified by the Court. Proposed conditions of consent [8] On 27 November 2020 Panuku filed an updated set of draft proposed conditions of consent for the Court's consideration. After careful consideration of them, the Court issued a Minute dated 4 December 2020 setting out the following: [2] The Court concludes that there are conditions that still require attention in line with the second interim decision1 and on further...

10. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [pdf, 667 KB]

    ...Act 1983 and the Holidays Act 2003, pursuant in both cases to s 135 of the Employment Relations Act 2000, the principles to be examined and determined apply equally to other Acts constituting the minimum code. These others include the Wages Protection Act 1983, the Parental Leave and Employment Protection Act 1987 and, in several respects, the Employment Relations Act. [3] There is little, including recent and authoritative, guidance about how the Employment Relations Authority...