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...plaintiff’s current employer, and I do not consider it engages any particular concerns. [46] For these reasons I dismiss LSG’s application and determine on the evidence provided that there is no reason covered by the Rules which would not permit Kensington Swan to continue to act for Mr Matsuoka and Pacific. [47] Costs are reserved. B S Travis Judge Judgment signed at 12.45pm on 19 December 2012
...bank statements for 1984” than to the more appropriately particularised “monthly bank statements for the year 1984 relating to your current account with a named bank”. The former may be sufficient, the latter is not. While the English cases permit “a compendious description of several documents”, there is an important proviso, namely that the exact document must in each case be clearly indicated. See In Re Asbestos Insurance Coverage Cases at 337-338. As stated in Tajik Alum...
...express waiver under s 65(1) of the EA, but only of the contents of that email and not in respect of any aspect of the legal advice given beyond what is referred to in the email. [45] A final point is that the section relied on by the defendant permits a Judge to order that the document not be disclosed in a proceeding; it does not provide for the making of an order that documents be returned and/or destroyed. Even were it to be considered that such a jurisdiction exists (for ins...
...adjoining landform. Rehabilitation works must be undertaken within 3 months following the completion of physical works in any one area. 28. It is prohibited to undertake any earlhworks or excavations within 20 metres of any waterway, except where permitted by the District Plan. 29. The consent holder must ensure that suitable sed iment control and soil run-off measures are in place during the earthworks phase of the construction. Review of Consent 30. The Waitaki District Council ma...
...[29] I further note that whilst it may have been beneficial to vote for these positions when all the trustees are present, that did not happen in this case. Such a vote cannot be rendered unlawful where clearly the trust order and s 227 of the Act permit a majority of trustees to make decisions such as this. In this case a majority of trustees were present at the September 2014 hui and in the absence of any further evidence they were able to put and pass a vote of no confidence in t...
...47 At [30]. 56 Tairawhiti MB 250 is familiar with, for the next generation of owners it is nonetheless necessary. It would undermine the reasons for the trust’s establishment if partial termination were permitted in terms of all the applicants’ shares at this time. Whānau trusts prevent fragmentation and enable retention and that is what I must consider. [39] Trustees also act for the benefit of all the descendents of those persons whose
...service supplied such service to the public but refused to provide the complainant with the service by reason of a prohibited ground of discrimination. It is then for the alleged discriminator to show that his, her or its actions came within one of the permitted statutory exceptions or within s 21B of the Act. [27] As to the causation requirement, the refusal or failure to provide goods, facilities or services or the treatment of a person less favourably in connection with the provision...
...the former client would be undermined. [32] Rules 8.7 and 8.7.1:16 … reflect the exercise by the Court of its inherent jurisdiction to control its own processes, one of the aspects of which is the power to determine which persons should be permitted to appear before it as advocates. [33] For the prohibition in rule 8.7.1 to apply, the circumstances described in paragraphs (a) to (d) of the rule must all be present. [34] Paragraph (a) requires that “the practice or a lawy...
...subdivision to the provision of permanent housing within an affected landowner's community of interest. [10] Two new rules are to be inserted which would allow the creation of lifestyle lots in the Rural and Rural-Residential zones. The subdivision permitted by PC6 does not need to comply with the 30.1.6 Subdivision Site Standards and Terms which provide for minimum net site areas. However, compliance is required with all relevant subdivision site and general site rules speci...
...have the same lawyer represent them under legal aid, if eligible. Legal aid will be available to eligible people for without notice applications and during parts of the Family Court process for on notice applications where legal representation is permitted. Nature of legal service Cabinet has approved the provision of up to four hours funded out of court legal support from the early stages of a dispute up until and including assistance with court entry forms (if the case proceeds to...