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1. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...the Auckland District Law Society (7th edition, July 1999), was prepared by the Practitioner and signed by the Vendor and Complainant, dated 3 May 2000 (Agreement). 8 The Agreement contained a standard vendor warranty that all necessary building permits and certificates (including a code compliance certificate) had been obtained. 9 The purchase price for the Property was $205,000. The purchase duly settled on 30 June 2000, with the Complainant taking possession from that time....

2. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science - 5 Feb 2021 (corrected) [docx, 1.8 MB]

   0 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL...

3. [2022] NZEnvC 189 Port Marlborough New Zealand Limited v Marlborough District Council [pdf, 1.2 MB]

   ...Traffic, directional or safety sign, or a sign denoting the niame of a road installed by the reading authority. And insert a new standard prior to the current standards in 2.37.7 as folllows: 2.37.7.1. The following standards do not apply to signs permitted by Rules 2.35.10 and 2.35.12. With consequential numbering changes to the current standards. And make a consequential change to 2.37.8 to apply the equivalent change. 4. Make a minor grammatical change to (f) as set out below and...

4. AM v ZM LCRO 48 / 2010 (25 February 2011) [pdf, 131 KB]

   ...attributes of a barrister. It is his duty to not keep back from the court any information which ought to be before it, and he must in no way mislead the court by stating facts that are untrue, or mislead the judge as to the true facts, or knowingly permit a client to attempt to deceive the court. How far a barrister may go on behalf of his client is a question too difficult to be capable of abstract definition, but when concrete cases arise one can see for oneself whether what he h...

5. Short - The Pukeroa Oruawhata Ahu Whenua Trust (2010) 5 Waiariki MB 297 (5 WAR 297) [pdf, 154 KB]

   ...Introduction [1] The trustees of the Pukeroa Oruawhata Trust (“the trustees”) have filed an application pursuant to s 244 of Te Ture Whenua Māori Act 1993 (“TTWMA”) seeking to vary their trust order. [2] The trust order at clause 3(x) permits the payment of a trustees’ honorarium of $90,000.00 per annum for six trustees. The trustees have the power to determine how that honorarium is to be allocated amongst themselves. [3] The application before the Court seeks to vary t...

6. Fagan v CAC 20005 & Sinclair [2013] NZREADT 64 [pdf, 50 KB]

   ...offer from the purchaser trust. [44] We agree with Ms Smith that Rule 9.21 is clear and must be observed at all times. We also agree with Ms Smith that the fact that the licensee, Mr Sinclair, was informed of the GST status of the vendors did not permit him to disclose that information except that, in the context of the negotiations relating to the transaction in question, it was reasonable for him to infer that permission. We agree with Ms Smith that, by its very nature, the GST statu...

7. Abbot v Macclesfield LCRO 40 / 2009 (29 May 2009) [pdf, 94 KB]

   ...is an inference drawn by Mr Macclesfield from notes he took at a meeting. While his argument is tenable, it is equally tenable that there was no discussion of the fact that fees would be deducted from the funds when received. While a lawyer is permitted to act on oral instructions, there are obvious evidential difficulties should the existence of those instructions be questioned. Moreover, given the fact that the law requires Mr Macclesfield to deal with trust funds at Mr Abbot‟s...

8. LCRO 173/2018 YN v LT (7 March 2019) [pdf, 186 KB]

   ...behalf that he was overcommitted and did not have time to take on her case. That account of events if it had been provided, would have grounded a solid defence to accusation that Mr LT had, without good cause, refused to act for Ms YN. Rule 4.1 permits a lawyer to refuse to act, if they do not have time to devote to the client’s case. 13 [73] In his submissions filed on review, Mr LT makes it abundantly clear that he refused to act because he considered that Ms YN’s case l...

9. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...advised it would be preferable to move the dwelling to preserve the investment she has already made. Regarding further cladding work on the house subsequent to the grant of injunction, Ms Faulkner noted that it was her mistaken belief that she was permitted to weather proof the framing under the terms of the injunction. She apologised for her oversight and undertook to refrain from carrying out any further work on the dwelling. 173 Waikato Maniapoto MB 7 Respondents’ subm...

10. E55 Heather Kirkham - EIC - the Crown [pdf, 694 KB]

    ...of the harbour in this location would only be able to run from Wynyard Point east to the outer end of Princes Wharf. g) Such a proposal would inflame the public ire to the point where it would over-ride and make irrelevant any legal process to permit the construction of new breakwaters.. h) Therefore because of the effect of the Doctrine of No More Intrusion this Application is the last opportunity to create waterfront space adequate to host an America’s Cup, Volvo Ocean Race an...