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1. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ...stage had been reached with the building work. Mr Flay, giving evidence for the Council, said such a property visit was a s 41 (Building Act 1991) audit. It was not a final inspection commissioned by the property owner. [49] The Council’s permit consents and its building inspections undertaken up to September 1997 are all time barred. [50] The claimants allege that the Council was negligent in its property inspection in early 2000 in not observing the ground clearance d...

2. Mason - Te Konoti B3SB (2015) 104 Taitokerau MB 249 (104 TTK 249) [pdf, 356 KB]

   ...of support for the application among the owners having regard to the nature and importance of the matter and having regard to the principles in the Preamble, s 2 and s 17 of the Act. There is no room in our opinion for an approach which would permit the encumbering of Māori land without the owners’ knowledge or consent. [58] Consequently, whichever approach is taken to the issue of consent the Act ultimately point the Court to an inevitable weighing up of the sufficiency of the...

3. [2018] NZEnvC 202 Waikato Regional Council (Integrated Catchment Management Directorate) v Waikato Regional Council [pdf, 6.3 MB]

   ...consent to: Consent type: Consent subtype: Activity authorised: Location: Map Reference: Consent duration: Waikato Regional Council (Hamilton Office) POBox 4010 HAMILTON EAST 2032 (hereinafter referred to as the Consent Holder) Discharge permit Discharge to water Discharge water from Lake Waikare for lake level control Waikare Gate & Canal NZMS 260 S13:060-195 Granted for a period expiring on the 35th anniversary of the date of commencement Subject to the follo...

4. [2022] NZREADT 4 - CX v REAA (5 April 2022) [pdf, 324 KB]

   ...to us. We cannot guarantee its accuracy as we have not checked, audited, or reviewed the information and all intending purchasers are advised to conduct their own due diligence investigation into this information. … To the maximum extent permitted by law we do not accept any responsibility to any party for the accuracy or use of the information herein. [11] In respect of the water supply, the property report stated:4 Three water tanks, fed from the [Redacted] District Water s...

5. [2019] NZREADT 59 - Keene & Sharma (17 December 2019) [pdf, 267 KB]

   ...to how far they may assist a party other than their client. He submitted that on this interpretation, the line is to be drawn by reference to a potential entitlement to commission. As Mr Mortimer put it, “puffery” from a licensee would be permitted, but if a licensee acts in a way that would (in theory) attract commission, then the line is crossed and r 9.14 is engaged. [53] Mr Rea filed submissions in reply. He submitted that the Authority’s interpretation of r 9.14 had t...

6. Legal Aid Practice Standards [pdf, 487 KB]

   ...specific consent of the court to release the report has been obtained. Protecting the Commissioner’s interests 24. A lawyer must: 24.1 Take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied (section 107(2)(a) and (b) Legal Services Act 2011) 24.2 Advise the Commissioner if he or she is aware that an aided person has, i...

7. Regulatory Impact Statement: Second phase of reforms to the Anti-Money Laundering and Countering Financing of Terrorism regime [pdf, 1.6 MB]

   ...information that can be shared and therefore the value of the sharing; agencies with a clear interest in AML (e.g. Inland Revenue) are excluded 169.2. some information can only be shared in one direction or requires a production order, rather than permitting proactive release 169.3. limiting the purpose to law enforcement purposes has constrained the flow of information and excludes, for instance, information that is relevant to supervision or other regulatory management, but not a crim...

8. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...Authority’s investigation, and are likely to be relevant in this Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for suc...

9. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...expectation, which equity will recognise, that the fiduciary will not utilise his or her position in such a way which is adverse to the interest of the principal. [62] The duty of loyalty is embodied in the profit and conflict rules. A fiduciary is not permitted to profit from his or her office except with the informed consent of the beneficiary. A fiduciary also must not place him or herself in a position where personal interest conflicts with the duty owed to the trust. 16 [63...

10. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [pdf, 287 KB]

    ...formal performance management or improvement process. The parties agree that in September 2016 Ms Wei’s role was varied to move her duties away from account duties to focus more on sales and marketing. [11] The employer says this change was permitted by cl 2.2 of the employment agreement which states: 2.2 Duties as set out and may be modified from time to time by the Employer 1. Manage [an ANZ Sky Tours email account] 2. Liaising with billers in good and friendly manner with...