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1. Trustees of Oparau No 1 Block Trust - Oparau No 1 and Pirongia West 1 2B3D (2004) 109 Waikato MB 300 (109 W 300) [pdf, 1.7 MB]

   ...operations of Oparau would be consistent with the purposes of Te Ture Whenua Maori Act 1993. However, the Respondent at present has a legal right of access, and a right to develop her property to the extent permitted by the district council under its resource management plans. No evidence was given as to the amount of disruption, or extra maintenance costs on the roadway that might be expected from the subdivision of the Pirongia Block into two lots. Mr Ormsby's evidence th...

2. Masefield v CAC301 & Ors [2015] NZREADT 30 [pdf, 282 KB]

   ...advised by Mrs de Boer that a two storey house could potentially be built on the section but due to the height restriction it would need to be stepped down the section. This evidence is supported by an email statement from Mrs de Boer and a copy of the resource consent application. [82] Mr Rea submits that Ms Masefield passed on this information from Mrs de Boer to Mr McHugo and Ms Donald and, in doing so, identified that it was information received from Mrs de Boer and that Ms Masefie...

3. LCRO 175/2022 OP v VN (10 October 2023) [pdf, 315 KB]

   ...The applicable TA Regulations and s 110 of the Act exist not only to prevent the misuse of client funds but also to ensure that factual disputes of the kind that that have resulted in this instance in the otherwise unnecessary expenditure of inquiry resources at Committee and LCRO level do not occur. [151] There must always be an audit trail. A barrister cannot accept a cash payment and pocket it. Mr VN’s belated protestations that this did not occur have been found by both my collea...

4. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...with 1,600 laying hens and building it up to 2,000 hens. He also intended to breed pigs for the local market for additional income. There was already a substantial poultry shed on the property, in which he had 900 laying hens purchased from his own resources. He wished to apply the grant of $5,000 to establish a chick-rearing shed, which would cost $5,000 ($2,000 for timber and $3,000 for labour). [32] The accountant considered that, given Mr Chalecki’s experience and obvious det...

5. [2007] NZEmpC AC 1/07 McKean v Board of Trustees of Wakaaranga School [pdf, 148 KB]

   ...children. Additional responsibilities fell inevitably on Mr McKean’s teaching colleagues and parents of affected children were entitled to expect consistent teaching. The school had to balance the interests of those staff and parents, its own resources and the need for further prospective long-term relief in the absence of any reliable prognosis of Mr McKean’s return to the classroom. [67] In addition to his absence for reasons of ill-health, matters between employee and e...

6. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...Philip Crow, the WHRS assessor, identified significant defects with the home (similar to Mr Angell‟s report) and recommended a full reclad and replacement of a substantial amount of timber framing. [8] The claimants do not have financial resources to complete the remedial work recommended by the experts. This claim is proceeding on the basis of estimated repair costs of $439,773.25. Mr Angell estimated remedial costs of $455,087.25 and Mr Crow $373,821. [9] Mr Finn...

7. LCRO 116/2017 GC v KM (31 May 2018) [pdf, 420 KB]

   ...against the lawyer concerned.52 51 New Zealand Law Society “Charge-out rates for employed solicitors June 2016” (27 July 2016) New Zealand Law Society < http://www.lawsociety.org.nz/practice-resources/>. 52 Lawyers and Conveyancers Act 2006, ss 132(2),152(2)(b), s 12(c) 156(1)(e) and (f). 26 [145] For that reason, because I have not made any finding of unsatisfactory conduct against Mr GC, it is not open to me to order...

8. Chittock v ACC [2014] NZACA 4 [pdf, 157 KB]

   ...for full time paid care. The latest regulations made under the 1992 Act22 whilst different in approach do not undermine the Authority’s view as to the way the section should be interpreted. If anything they give weight to the view that more resources not less should be directed towards people shockingly injured.” [43] In Simpson and Matthews v ACC23 Heron J said that the key issue in the Matthews case was whether the phrase “constant personal attention” can be interp...

9. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

   ...legal claim to the land, through an ancestor named Uenuku, which would be separate and exclusive from the claim of Ngāti Rangi. It is evident that Ngāti Uenuku, in its various forms, has a close association with Ruapehu and has utilised its resources for seasonal purposes, including camping and hunting. The extent to which this may have included the occupation or use of Rangipō North 8 or Rangiwaea Tāpiri is unclear. What is known is that both tribes have a close association...

10. LCRO 158/2019 RL v BN, TG and VK (1 April 2021) [pdf, 604 KB]

    ...considered advice. Against this, it is argued for the lawyers that they had been successful in achieving what Ms RL had set out to achieve, namely to delay [Co 2]’s claim until October 2016 in order to provide opportunity for Ms RL to garner her resources and to avoid any prospect of an adverse court finding which would have had consequences for her professional reputation. It was the lawyers’ view that Ms RL had been consistent in her position that she wished to pursue her co...