Search Results

1. Tito - Mangakahia 2B2 No 2A1A [2016] Chief Judge's MB 398 (2016 CJ 398) [pdf, 314 KB]

   ...applicant is attempting to use the same information to mount the same case before the Māori Land Court, he is likely to be told that the principle of res judicata applies. [22] I turn now to the law concerning s 44 of the Act, the provision that permits the Chief Judge to correct a mistake or omission made by the Māori Land Court. The Law [23] The Chief Judge’s jurisdiction to amend or cancel an order of the Māori Land Court is set out in section 44(1) of the Act: On an...

2. NZLS v Gilbert [2012] NZLCDT 24 [pdf, 222 KB]

   ...of disciplinary proceedings and its ability to use s 126 Law Practitioners Act 1982 to require, at its own instigation, a person to give evidence. Counsel for Mr Gilbert submitted that the nature of disciplinary proceedings did not go as far as permitting the Tribunal to intervene in the way it had in attempting to enlarge the scope of the Committee’s evidence at the hearing. [30] He noted that the section relied on by the Tribunal to require Mr Hobbs to provide evidence was a...

3. Randall v Moeahu - Lot 1 Deposited Plan 442626 (2018) 390 Aotea MB 4 (390 AOT 4) [pdf, 369 KB]

   ...that the fiduciary will not utulise his or her position in such a way which is adverse to the interests of the principal. [41] The core obligations of a fiduciary are captured in what are known as the profit and conflict rules. A trustee is not permitted to profit from their office, except with the informed 1 Arklow Investments Ltd v Maclean [2000] 1 WLR 594 (PC) at 598. 390 Aotea MB 14 consent of the beneficiary. Likewis...

4. [2022] NZEnvC 043 Marine Farming Association Incorporated v Marlborough District Council [pdf, 5.3 MB]

   ...can be avoided, remedied or mitigated. These mostly relate to undertaking land use activities in ways that limit the visual intrusion into the landscape. These actions will be implemented through a range of activity status as well as standards on permitted activity rules. Policy 7.2.1 provides guidance on how these controls will be applied to outstanding natural features and outstanding natural landscapes. For landscapes with high amenity value, guidance is provided through Policies 7....

5. [2020] NZEnvC 051 Waikato Regional Council [pdf, 326 KB]

   ...of service of the Council’s decision),3 and sought directions in relation to service to ease the administrative burden on submitters who might want to appeal its decision. More will be said of this shortly, but there is no dispute that the law permits such an application to be made in anticipation of public notification of a decision in respect of a plan change. In fact, the Council filed two ex parte applications seeking waivers, as I outline below, however both were filed prior...

6. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

   ...been an ohaki, the customary values and practices of the iwi or the hapu associated with the land in question and whether those values and practices of the iwi or the hapu associated with the land in question and whether those values and practices permit a whāngai with our without a blood relationship to their matua whangai to take interests in land. (See for example In Re Succession to George Tukua 116 Otorohanga MB 81). In the end, however, it is a judgment call to be made by t...

7. LCRO 140/2020 AB v RP (27 November 2020) [pdf, 267 KB]

   ...[although] compliance with them will generally ensure compliance with the trust account provisions of the https://www.lawsociety.org.nz/professional-practice/legal-practice/trust-account-management/ 18 Taking fees from trust money 6.13 You are not permitted to deduct fees from a client’s trust money unless you have provided that client with an account for the services carried out (Regulation 9(1)) and the client has authorised the deduction (Section 110). … 6.15 A practice m...

8. Beatson v CAC 416, Cripsin, Mordaunt & Property Brokers Ltd [2019] NZREADT 25 (9 July 2019) [pdf, 521 KB]

   ...Mr Crispin came up with the idea. Mr Crispin denies that he had any involvement in arranging a so-called “dummy bidder” and that when Mr Beatson mentioned to him the possibility of having such a bidder at the auction he told him it was not permitted. [117] In expanded form, the response by Mr Crispin was as follows:34 • He rejects any allegation he asked complainant 1 to arrange “dummy bidders”. • At the time of listing, when complainant 1 selected the method of sale,...

9. Peacocke - Part Puketiti 2B 2B 1 Block and Lot 1-Deposited Plan South Auckland 33533 (2020) 205 Waikato Maniapoto MB 202 (205 WMN 202) [pdf, 348 KB]

   ...Maniapoto MB 219 [77] If the transfer had taken effect according to its tenor by virtue of the fact that Puku Doherty was Māori, the status of Puketiti 2B2B1 would have remained as Māori freehold land. The Land Transfer system did not permit a single block to have two different statuses.38 [78] I reach the position that the transfer did not take effect according to its tenor in accordance with s 226(1). Had it done so then the LTO should have endorsed PR277/43 as recordi...

10. Induction guide for legal aid providers - v1.2 January 2017 [pdf, 659 KB]

    ...evidence are large and complex and there’s a substantial volume of documentary evidence. The Crown must also be represented by at least 2 counsel. The junior counsel takes a secondary role under the supervision of the lead provider and isn’t permitted to undertake the substantive hearing even if the lead provider is unavailable. Junior counsel can be of a lower listing approval category than the lead provider and will be remunerated up to their own approval category (not the proce...