Search Results

1. Wikiriwhi v Walters - Oruanui 9 Block and Part Oruanui 10 Block, Lot 1 Deposited Plan 471989 and Lot 2 Deposited Plan 471989 (2020) 232 Waiariki MB 212 (232 WAR 212) [pdf, 382 KB]

   ...the need to maintain a house which was of no value to it. The value of the property purchased has also significantly increased. In addition, counsel argued the sale price of the house was reasonable in the circumstances, as was the decision to permit Mr Walters early access to the house to begin repairs. It would not have been reasonable to try and generate an additional and unexpected profit by charging rental for a house well short of being liveable. [47] Mr Conder argued tha...

2. Brown - Kairakau 2C5B (2002) 167 Napier MB 139 (167 NA 139) [pdf, 857 KB]

   ...wish to change the status of their share of the land and sell it, I am not deciding those matters now. I am satisfied that partition will facilitate the use that the Browns wish to make of their share of the land, should its sale subsequently be permitted. But further, I am satisfied that whatever use to which the Browns want to put their land will be facilitated by a partition, because fundamentally what they want from ownership of this land and what the minority owners want are entirel...

3. Offord v Patel [pdf, 90 KB]

   ...in Tort [27] Mr Patel acknowledges that he undertook the role of project manager in the building of the subject dwelling, as he was responsible for undertaking the following tasks: 10 (a) he applied for and was granted the building permit; (b) called for inspections by the Auckland City Council; (c) entered into a contract with many of the labourers and arranged for materials to be delivered in his own personal name as opposed to using the name of the second respond...

4. Top Energy Ltd - Whakataha Z1C (2015) 104 Taitokerau MB 108 (104 TTK 108) [pdf, 243 KB]

   ...easement areas. Where there are power pylons, the land owners cannot in practice do anything with that part of the land. Where the land is beneath the power lines, there are restrictions in terms of land use to the extent that forestry would not be permitted and the owners could not erect buildings. In other respects the owners can continue with their grazing and other use of the land. How should the Court approach the issue of owner support for the electricity easements? [46]...

5. [2022] NZACC 132 - GG v ACC (11 July 2022) [pdf, 314 KB]

   ...pay or contribute to cost of treatment (1) The Corporation is liable to pay or contribute to the cost of the claimant's treatment for personal injury for which the claimant has cover if clause 2 applies,— (a) to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or (c) if paragraphs (a) and (b...

6. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...general approach that judicial disqualification is not warranted on the basis of adverse rulings or decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a judge’s ruling. [101] We know of no common law jurisdiction which accepts that a judge’s adverse rulings are disqualifying per se. The problem is rather wh...

7. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...for the establishment of a whenua topu trust over the land contained in part Maraetai 3B Block (as described in clause 3 of the Will)? (b) Is it lawful for a Will generally to give such a binding testamentary direction? (c) Is such a direction permitted by s 108 of the Act? (d) Is the Maori Land Court able to receive an application from an administrator to constitute a whenua topu trust? 3. If the Court answers ‘yes’ to all the above questions, the administrator of the Estate wi...

8. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...[56] The well established position at common law that is applicable to this part of the proceeding is that post-employment restraints of employees from competitive economic activity are unlawful and unenforceable. Statute law does, however, permit the Authority or a Court to modify such restraints to the extent as may be reasonable in all the circumstances. That is what the Employment Relations Authority did under s8 of the Illegal Contracts Act 1970 limiting Carl Peterson’s...

9. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

   ...• wave attenuation structures under or adjacent to wharves; • dredging; and • associated berths, fencing and facilities for all bases and event craft including superyachts. The Wynyard Hobson proposal also includes an additional occupation permit over an area of waters pace for the Hobson Wharf Extension, its two breakwaters and the associated waterspace to the west of Hobson wharf within Hobson Marina. The Viaduct Events Centre, located on the Halsey Street Extension Wharf, wil...

10. Sanders v King - Part Parish of Whangape Lot 15B Block and Parish of Whangape Lot 15C (Urupa) (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109) [pdf, 216 KB]

    ...appointed agent or trustees in accordance with section 159; and (f) that, if section 147A applies to the alienation, the alienating owners have discharged the obligation in that section. [74] When the Act was first enacted the then ss 153 and 154 permitted the Court a general discretion upon which to refuse to grant confirmation. Those provisions have now been repealed. The authorities confirm that the Court must grant confirmation if the conditions of s 152 have been satisfied....