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1. Trustees of Te Ngae Farm Trust v Trustees of the Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 118 Waiariki MB 92 (118 WAR 92) [pdf, 280 KB]

   ...Trust. She subsequently filed an affidavit on 2 October 2014. Unfortunately, due to medical reasons Ms Fenwick was unable to attend either of the Court hearings and accordingly was unable to be cross-examined on her evidence. 118 Waiariki MB 101 [32] Counsel for NRKC argued that Ms Fenwick’s absence was prejudicial to NRKC. He submitted that, counsel for Ms Fenwick, Mr McKechnie, had been adamant that all witnesses should be cross-examined. Therefore, without Ms Fenwi...

2. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

   ...only related to part of the block and not the 96 Taitokerau MB 253 whole of the block. Ultimately, little weight can be placed on the evidence from Mr Reweti or Mr Ngatoa given the lack of detail and uncertainty around their evidence. [101] This is a case where clear and cogent evidence from a kaumātua or other tribal expert as to the oral histories of Te Tāou concerning the gifting of land from Torohia to Apihai could have been extremely compelling in determining this ma...

3. Regulatory Impact Statement Management of returning offenders to New Zealand [pdf, 287 KB]

   ...Option One could also be paired with whichever option is ultimately preferred. While it does not play a role in the supervision of offenders, the additional support for reintegration will support the objectives of the policy. Implementation plan 101. All the options, except Option One, require legislation to implement them. We consider they would likely require a standalone Bill. Alternatively, amendments could be made to the Parole Act 2002, Sentencing Act 2002 and the Policing Act 20...

4. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision No: [2012] NZREADT 60 Reference No: READT 92/11, 93/11, 94/11, 97/11, 18/12, 29/12 IN THE MATTER OF consolidated appeals under s.111 of the Real Estate Agents Act 2008 BETWEEN KAISU HERMAN, JOYCE WANG, JACK HOWATT, SAU LI, IAN THORNHILL, PHILIP GILCHRIST, PAUL BARNAO, JUDITH WATSON Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 10100) First respondent AND PAUL JACKMAN Seco

5. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   ...followed the pattern of starting with a strong negative advocated position, supported by little more reasoning than that we should accept his word because of his considerable experience with major infrastructure projects over the last 20 years. [101] Yet another concern was that in his evidence, Mr Foster would repeat the expert evidence of other witnesses called by his clients, supply the assertion about his experience, then offer a conclusion that somewhat resembled an assessment...

6. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 32 READT 016/11 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10027) Prosecutor AND JOSEPH BRANKIN (LICENSED AGENT) Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HEARD at CHRISTCHURCH on 18 and 19 October 2012 (with subsequent typewritten submis

7. CAC 10063 v Raj [2012] NZREADT 37 [pdf, 101 KB]

   ...the defendant, Mr Raj, had deliberately breached ss.63 and 64 of the 1976 Act by disguising sales from clients to persons related to him. The case before the Board also involved the on-sale of property acquired by the defendant’s family. [101] Although a full summary of facts is set out above, in outline, while working as a salesperson for Re/Max Best Henderson during 2010, the defendant arranged for the purchase and subsequent on-sale of four properties listed with him, by people...

8. Beauchamp 30 March 2014 NZSHD 4 [pdf, 103 KB]

   ...trying to sell him a car would show him the door, or in the unlikely event they decided to proceed with any such transaction would ensure that diligent enquiries were made and that the records of the transaction were meticulous and squeaky clean. [101] Dennis Tunnicliffe has pleaded guilty to four charges in respect of stolen vehicles he sold to Mr. Beauchamp. Two of these were after Detective Kerr’s visit. A Cefiro (BET608) was sold to Mr. Beauchamp on 19 March 2013 and a Bluebird (S...

9. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...self represented person involved in a fencing dispute with his client, he made disrespectful and discourteous statements about that person in a letter dated 5 June 2009, contrary to Rule 12 in the Conduct and Client Care Rules 2008.” [101] Rule 12 provides: “A lawyer must, when acting in a professional capacity, conduct dealings with others, including self represented persons, with integrity, respect, and courtesy.” 29 [102] The letter relied upon by the Soc...

10. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

    ...as alleged in the amended statement of claim we have applied the civil standard of proof (balance of probabilities) as explained by Blanchard, Tipping and McGrath JJ in Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [101] to [107]. Given the serious nature of the allegations, made against Mr Emms and the equally serious consequences of upholding the Director’s complaints we have required a high degree of cogency before accepting any of the evidence called...