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1. ENV-2016-AKL-000248 Terra Nova Planning v Auckland Council [pdf, 1.3 MB]

   ...Urban Zone provisions of the PAUP will essentially ‘lock‘ landowners into a zone with Rural Production activity rules. Many of the FUZ area have been countryside living-type zones under the legacy council plans with a rather liberal array of permitted, controlled and restricted discretionary activities. In more than half of the region these zones provided for subdivision to a minimum of 4 ha. Our discussions with Council officers and infrastructure providers indicate that many of...

2. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...without profiting. Otherwise they allow their duty to conflict with their self-interest which is contrary to the essential role of being a trustee. [56] As to the reasonableness of fees, in Hall v Opepe Farm Trust it was held that trustees cannot permit personal interests to conflict with their duties. The over-arching principle is that trustees must act gratuitously and cannot profit. That said, reimbursement of expenses properly incurred is permissible. Trustees may also recei...

3. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...of an actual conflict of interest”.17 (ii) Below the prohibited threshold — informed consent — r 6.1.1 [47] In circumstances where a lawyer determines that the prohibition in r 6.1 does not apply, r 6.1.1 requires that before the lawyer is permitted to act “the prior informed consent of all parties concerned [must be] obtained”. [48] “[I]nformed consent” is defined in r 1.2 to mean: consent given by the client after the matter in respect of which the consent is so...

4. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...would be renewed, that the respondent undertook steps in reliance upon those representations and the applicants are now estopped from terminating the lease. Second, the applicants had failed to comply with cl 36 of the lease, being a clause which permits the landlord to lease the block to any beneficiary of the landlord, subject to certain conditions set out in that clause being met. 10 HC Masterton, CIV-2010-435-253, 4 May 2011. 1...

5. Hunia v Skerrett-White - Kawerau A8D (2016) 146 Waiariki MB 281 (146 WAR 281) [pdf, 620 KB]

   ...that is an amount of $2,000 I assume to Mr Fox and another amount of $1,000 to Mr Fox. What are those amounts for? C Skerrett: For Kani that is for lost time, he is self employed. [73] There is no dispute that as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries. 47 Even a potential conflict of interest is sufficient to render a transaction improper. The Court of Appeal in Naera v Fenwick recently con...

6. Davis - Whangaruru Whakaturia 1D6B9A-D (2006) 108 Whangarei MB 219 (108 WH 219) [pdf, 4.2 MB]

   ...Trust") was established and all four blocks of land were vested in the trustees of that Trust, being Wero Karena, Patsy Karena and YVOlUle Karena, The Trust is subject to a standard wide­ powers trust order which, among other things, does not permit the trustees to sell the land but does pemlit the trustees to bOlTOW money with security over the land, [5] On 2 July 2004 a mortgage was noted in the Court records in relation to the land in favour ofUtrade Limited for the sum of...

7. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...particulars, except this statement about what constituted common practice, and he denied that his acts and omissions constituted misconduct. [5] We refer to this first charge as “the Email Charge”. [6] The second charge against Mr Webb was that he had permitted his parents to occupy the estate property from late August 2008 until mid January 2009 on a rent-free basis, without disclosing that fact to Milford & Dormer. [7] Particulars supporting the charge were listed, and Mr...

8. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...attributable to the Global Financial Crisis and the general downturn in the property market around 2008 to 2009, some of it must also be attributable to poor lending decisions initially, overly optimistic valuations, exceeding first mortgage recommendations (permitted by the Rules but not advisable) and having too great a portion of the loan portfolio advanced to one group of associated borrowers.” [35] Prior to the receipt of Maffey 2, Mr Eades had noted, in relation to the Maffey 1...

9. [2018] NZEnvC 139 Selwyn Quarries Ltd v Canterbury Regional Council [pdf, 4.8 MB]

   ...("Estate Homes"): When, on appeal 10 the Environment Court, an applicant seeks to have an application granted on a materially different basis from that put forward to the Council, considerable care is required before the Environment Court permits the matter to proceed on that different basis. Not every alteration in approach would require an applicant to make a fresh application to the Council, rather than to proceed by way of appeal. It is a question of degree. Furthermor...

10. LCRO 276/2013+293/2013+242/2016 CS v VN, PR and ZW ZM v VC [pdf, 274 KB]

    ...that Atkinson remains good law on the point, with the Act coming into effect, there was room for the view that on the face of r 4.4.1 and the definition of lawyer in the Act, a barrister could claim a lien for the purposes of r 4.4.1. The rule permits a lawyer, defined in the Act as “a barrister or a barrister and solicitor”, to claim a lien.20 [62] That being the case, there are two alternatives. Either Mr CS made an honest mistake or he adopted a position that was arguable b...