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1. Tahata v Tahata- Ngāwhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) [pdf, 283 KB]

   ...grandchildren. Also when my parents’ made their wills’ I was made the Executor and Trustee for both of my parents’ wills evidently a problem too for Rongo and Fleur. Greed: because both Rongo Tukiwaho Tahata and Fleur Lee Tahata seemed to be consumed by ‘power’ and ‘control’ to the extent that you would think that my parents’ were super rich and they are missing out on some large amount of money that belies me where it is. They missed out on selling the family home a...

2. Brooks v Taekwondo Union of New Zealand Inc [2017] NZHRRT 20 [pdf, 333 KB]

   ...declined the first two requests and only complied with the third when the time for doing so had expired. [9] The issue in these proceedings is whether TUNZ did in fact comply with its obligations under the Privacy Act and if not, whether there was a consequential interference with the privacy of Mr Brooks as defined in s 66 of the Act. 3 Credibility [10] Mr Brooks gave evidence in person as did Mr Aldridge. The witnesses for TUNZ were Ms J Killalea, the then secretary of TUNZ,...

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

   ...provided her with a copy of the trust deed and related information, and asked her to go away and think about the implications of the proposed appointment, discuss those with her aunt and get back to her. [59] It is relevant to note, given the consumer focus of the Act, and the standards of competence and diligence that the Committee applied is the standard a member of the public can expect, that Mrs JB has no reservations about the service and advice she received from Ms KX. She...

4. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...Court in the guise of an expert witness. [53] I note however that the Committee observed that Ms CR had been engaged by Mrs AQ to provide counselling support for C, and I agree with the Committee that Ms CR’s role as counsellor for C, with the consequential duties of privacy and likely partiality for C which inevitably arose from that relationship, may well have been incompatible with the role of an independent expert witness. [54] The Standards Committee concluded that Mr UD shou...

5. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...25(c) (right to be presumed innocent) of the Bill of Rights Act. Our analysis under those sections is set out below. PURPOSE OF THE BILL 3. The Bill seeks to: • promote the confident and informed participation of businesses, investors, and consumers in the financial markets, and • promote and facilitate the development of fair, efficient, and transparent financial markets. To support these goals, the Bill sets out the following additional purposes: • provide for timely, ac...

6. Humphries v CAC 10070 & Anor [2013] NZREADT 103 [pdf, 176 KB]

   ...complainant went into the 1 December 2010 auction with the belief that the sale was in respect of a “going concern” and would be zero-rated for GST purposes. The complainant was the highest bidder with a bid of $130,000. [6] Mr Shin prepared the consequential sale and purchase agreement based on the Conditions of Sale at Auction. The sale price of “$130,000 (plus GST if any)” was crossed out by Mr Shin and he changed the price to $149,500 stating that the sale attracted GST....

7. Ram-Raid-Offending-and-Related-Measures-Amendment-Bill_FINAL.pdf [pdf, 7.4 MB]

   ...counsels, or procures a person under the age of 18 to carry-out an offence. 15 invite the Minister of Justice to issue drafting instructions to the Parliamentary Counsel Office to implement the matters set out in recommendation 13, including any necessary consequential amendments; 16 agree the Amendment Bill be assigned a Category 2 status (to be passed before the election 2023); 17 authorise the Minister of Justice, in consultation with the Minister of Police and Minister for Children,...

8. Heng v Walshaw [pdf, 550 KB]

   ...the parties required the hearing to be re-convened. Mr Galloway, counsel for the Owners, confirmed that the Owners claimed the aggregate amount of $449,500.00 for remedial work involving a total reclad of the dwelling, and including claims for consequential losses and general damages. It was agreed that there was no requirement to re-convene the hearing, but that the respondent parties could file any further evidence in response to Mr Cooney’s evidence, the claimants could file...

9. Regulatory Impact Statement: A New Trusts Act [pdf, 1.2 MB]

   ...necessary where a departing trustee is the trustee of multiple trusts. 105. The current law is complicated and trustees are often unaware that automatic transfer of registered interests does not occur. Application to the High Court is expensive and time consuming for what is often a simple administrative matter. Regulatory Impact Statement: Trust Law – Options and impact analysis – Part A 23 Law Commission’s recommendations 106. The Law Commission made a number of r...

10. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

    REVIEW OF THE LAW OF TRUSTS November 2010, Wellington, New Zealand | R E P O R T 1 1 9 A TRUSTS ACT FOR NEW ZEALAND August 2013, Wellington, New Zealand | R E P O R T 1 3 0 E31(130) August 2013, Wellington, New Zealand | REPORT 130 REVIEW OF THE LAW OF TRUSTS A TRUSTS ACT FOR NEW ZEALAND The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand