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1. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...Judicature Act 1908 – Second Paper  Agency Disclosure Statement  1. This  Regulatory  Impact  Statement  (RIS)  has  been  prepared  by  the Ministry  of  Justice.    It  provides an analysis of the second package of work forming the government response to the  Law Commission  report Review of  the  Judicature Act 1908: Towards a consolidated Courts  Act and other associated matters.  2. We  are  time  constrained  due  to  the...

2. Tihi v Nuku - Ruatoki B Sections Aggregated Ruatoki C Sections Aggregated (2020) 238 Waiariki MB 127 (238 WAR 127) [pdf, 272 KB]

   ...Act 1993 MŌ TE TAKE In the matter of Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (Aggregated) I WAENGA I A Between SAMANTHA TIHI Te Kaitono Applicant ME And TE PIKA NUKU AND HINEHOU TIMUTIMU AS EXECUTORS OF THE ESTATE OF HARE NUKU RATANA Ngā kaiurupare Respondents Nohoanga: Hearing 20 July 2020, 237 Waiariki MB 35-46 (Heard at Whakatāne) Whakata...

3. Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) [pdf, 133 KB]

   ...an order of Judge Coxhead dated 26 October 2010 removing the trustees of the Akura Lands Trust (―the Trust‖). [2] We heard the appeal on 10 February 2011. At the conclusion of the hearing we varied Judge Coxhead’s order and referred the application back to the lower Court to address the question of the appointment of replacement trustees with our reasons to follow. We now set out our reasons. Background [3] On 6 October 2003 Deputy Chief Judge Isaac (as he then was) made o...

4. Alice Wouters v The Real Estate Agents Authority (CAC 412) & Thomas Richardson [2017] NZREADT 72 [pdf, 188 KB]

   ...10.4 ha. Lots of 2547 m2, 3850 m2, and 3936 m2, were subsequently sold. [5] In June 2015 (following the release by the Dunedin City Council (“the Council”) of proposed zone changes), RPR applied for resource consent to create 34 lots. That application has been opposed by Ms Wouters and other residents in the area. No determination has yet been made with regard to this application. 1 Complaint No. C15274, re Thomas Richardson,...

5. Chadwick v Guardian Trust and Executors Co Ltd - Ngatarawa 2E1 (1964) 3 Ikaroa Appellate Court MB 32 (3 APT 32) [pdf, 269 KB]

   ...1e to my mind devoid of sufficient reference to the facts that could assist the Court in making the preliminary decision necessary before it proceeded further with the case. Assistance could have been obtained f'rom the wording of' the application for a building 1>ermit, from the evidence (obtained under subpoena if' necessary) of Mrs Gascoyne and the advisory trustee and Mr D.H. Gascoyne, and possibly of' others in the district. A disc~oslll'e either volunta...

6. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

   ...contravened: i. Section 133 of the Act in that Mr Li did not provide the complainants with an approved guide before they signed a sale and purchase agreement for 64/51 Ireland Road, Panmure (the property), and did not receive a signed acknowledgement form from the complainants that they had been provided with the approved guide; and/or ii. Rule 9.7(a)-(c) of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 (Rules) in that Mr Li did not recommend that the co...

7. Evidence Brief: Alcohol Ignition Interlocks [pdf, 324 KB]

   ...no long term effects for reducing recidivism.”ii This finding was based on one randomised controlled trial and 10 controlled trials. The randomised controlled trial covered in the Cochrane Library review studied alcohol offenders who had requested and been granted licence reinstatement. The offenders were randomly assigned to interlock and control groups; 17 out of 698 in the interlock group reoffended, while 46 out of 689 in the control group reoffended. That is, being...

8. VUW v Accident Compensation Corporation & QRS (Jurisdiction Objection) [2014] NZHRRT 26 [pdf, 49 KB]

   ...personal information of a highly sensitive and confidential nature about her was stolen from the second defendant at a time when the second defendant had possession of the file for the purpose of an interview with the plaintiff in connection with her ACC claim. It is said that both defendants were in breach of the Health Information Privacy Code 1994, Rule 5 which sets out obligations relating to the storage and security of health information. The Privacy Commissioner concluded there wa...

9. [2015] NZSSAA 041 (1 July 2015) [pdf, 35 KB]

   ...paid a benefit at the sole parent rate.1 [5] The appellant now seeks to further challenge Ms XXXX’s entitlement to benefit by alleging that Ms XXXX was in a de facto relationship at the time she was receiving Domestic Purposes Benefit. He claims she therefore had no entitlement to benefit and on that basis he was entitled to be granted a benefit that included XXXX. Decision [6] We note at the outset that simply being in a de facto relationship would not necessarily have mea...

10. [2018] NZEnvC 079 Maungaharuru Tangitu Trust v Hastings District Council [pdf, 2.4 MB]

    ...permitted, controlled or even restricted discretionary activities. What is now being put forward in terms of both permitted and restricted discretionary status would be significantly less burdensome for any farming operation, in the sense that an application for a restricted discretionary activity can be squarely focussed on the issues to which the decision­ maker's discretion is solely confined. The questions of course are still whether what is proposed conforms with and gives...