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1. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...Trust in all other areas besides this one. I do not think that the Court's consideration of whether trustees acted reasonably is limited solely to the occasion on which the trustees committed the breach of trust. In my view the Court is permitted to balance the detriment to the beneficial owners which might have occurred through the breach against the good work done by the trustees in other areas. As Mr Clark pointed out, although this is not an action for a breach of trust...

2. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...election process were confusing, especially matters concerning dual trusteeship, proxy voting and the nomination process. She says it was not clear whether people could be nominated for both trusts or only one, given that dual trusteeship was not permitted. Further, the nominee list was amended close to the election date and owners may not have received all nominee biographies in time. This meant that owners were given insufficient time to digest the changes, which especially effec...

3. Pirika v Mita - The Estate of Nepia Enoka Mita [2014] Chief Judge's MB 685 (2014 CJ 685) [pdf, 373 KB]

   ...length of the relationship between the whāngai and the adopting parents, whether there has been an ōhākī, the customary values and practices of the iwi or the hapū associated with the land in question and whether those values and practices permit a whāngai with or without a blood relationship to their matua whāngai to take interests in land. [29] The Biddle case determined that in Tūhoe, whāngai who are unable to clearly establish a whakapapa link cannot take rights to whā...

4. Orsborn v CAC 20006 & Collier & JVL Prestige Realty Ltd[2013] NZREADT 69 [pdf, 72 KB]

   ...too high level. There was certainly negligence by the second respondents in those respects. [44] The licensees thought that the roll value of the 9.5 acres was $460,000 but should have realised it had been reduced to $435,000. The Terms of Sale permitted vendor bidding. The licensees did explain to the appellants that a substantial section was being subdivided off the 9.5 acres and retained by the vendors. [45] Inter alia, Mr Stewart submits that to suggest that the appellants wer...

5. Smith - Waiomu 3B2B2B3B2(2015) 105 Waikato Maniapoto MB 12 (105 WMN 5) [pdf, 185 KB]

   ...of the access way over 1B are to be paid by the B2 owners; f) The B2 trustees are also to construct and install improved drainage along the access way over 1B land at their own cost and to a council compliant standard; g) Mr Dehar is to be permitted to use Lot 2 as a soakage field for his septic tank provided that there is no other suitable area for use for soakage purposes on 1B. There is a direction to Mr Dehar and the B2 trustees to liaise to consider the best solution for t...

6. Canterbury Standards Committee v Sisson [2011] NZLCDT 16 [pdf, 186 KB]

   ...the particulars of which are set out below. The misconduct complained of is alleged to have occurred prior to the coming into force of the Lawyers and Conveyancers Act 2006. [2] Section 351 of the Lawyers and Conveyancers Act 2006 (“LCA”) permits such a complaint to be made in respect of conduct which occurred before the commencement of the Act provided it is conduct “... in respect of which proceedings of a disciplinary nature could have been commenced under the Law Practiti...

7. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...Mr McKenzie did not accept that this accurately reflected the true position in relation to Mr Rockell’s leave. Rather he believed that Mr Rockell had taken his annual leave during times when the cows had dried off or work demands otherwise permitted. Mr McKenzie decided to convert the seven week notice period into annual leave, leaving four weeks of leave remaining, which Mr McKenzie also considered to be doubtful. [10] Mr McKenzie was of the view that Mr Rockell had stoppe...

8. E90 Graeme McIndoe - Urban Design - RE – Applicant [pdf, 967 KB]

   ...buildings, and it was provided for because it was anticipated that aerial views and coverage of the event would be important. Considering Base B for example, that allows around 1,000m² of rooftop signage and branding which would otherwise not be permitted. c) The limitation on the amount of illuminated and luminated (back-lit) signage in requirement 2.5 to not more than one third of the total area of signage is suitably generous. For example, considering the south façade of Base B...

9. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...279 at [19], the purpose of Part 8 of the Privacy Act is to ensure that in the first instance a complaint about an interference with the privacy of an individual must be dealt with by the Privacy Commissioner. Proceedings before the Tribunal are permitted by s 82 only where an investigation has been conducted under Part 8 or where conciliation (under s 74) has not resulted in settlement. For the complaint resolution process to work a person in respect of whom a complaint is made and an...

10. OIA-98262.pdf [pdf, 1.8 MB]

    ...Rotorua District Council (Representation Arrangements) Bill is a local bill promoted by the Rotorua District Council (operating as Rotorua Lakes Council). The Bil aims to provide for representation arrangements for Rotorua that would not otherwise be permitted under the formula in the Local Electoral Act 2001. The Bill is currently before the Māori Affairs Committee. Further background info for Minister Allan about the two Bills and Ministry of Justice advice: The Canterbury Regio...