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1. Clarke v Gray – Poukawa 9G and others (2013) 23 Takitimu MB 92 (23 TKT 92) [pdf, 168 KB]

   ...must be exceptional 8 Andrew Butler “Trustees and Beneficiaries” in Andrew Butler (ed) Equity and Trusts in New Zealand (2nd ed, Thomson Reuters, Wellington, 2009) 105 at 148. 23 Takitimu MB 101 circumstances to warrant such an action. There must also be a failure by the trustee to perform a duty owed to the beneficiary to protect the interests of the beneficiary.9 [38] However, it cannot be said there has been any such...

2. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...allowing Mr Santipongchai to be in a position to reinstate his licence. [19] It is put for the prosecution that we have taken a consistent and strong stance against dishonest behaviour affecting consumers. In REAA v Brendan Marshall [2013] NZREADT 101 the licensee had been charged with instances of fraud against his employing agency and dishonesty against a client; and we found that: 6 “[50] The evidence is compelling that a substantial number of concerning frauds have bee...

3. Ross and Ellis v Te Moni - Otumoko B4 (2010) 2 Waikato Maniapoto MB 243 (2 WMN 243) [pdf, 62 KB]

   ...(In liq) v Commissioner of Inland Revenue [2002] 3 NZLR 648. [25] As the party entitled to exclusive possession of the land, the lessee is entitled to exclude all other persons, including an owner from the premises – Radaich v Smith (1959) 101 CLR 209. 2 Waikato Maniapoto MB 248 [26] An action for recovery of land turns upon the right to possession. In this case, the party entitled to possession of the land are the trustees of the Ellis Family Trust namely Mahaki E...

4. 2011 NZCA 141 [pdf, 109 KB]

   ...[2009] NZCA 145. 8 R v AM [2010] NZCA 114, [2010] 2 NZLR 750. 9 At [159]. 10 R v V (CA57/04) CA57/04, 14 July 2004. 11 R v T (CA674/07) [2008] NZCA 157. 12 R v M (CA477/07) [2008] NZCA 168 at [10]. 13 R v I (CA70/08) [2009] NZCA 101 at [15]. The offending in this case was very similar to Mr Webster’s. [33] We also consider Judge Joyce’s 60 per cent figure is very consistent with this Court’s decision in R v AM, even though Judge Joyce did not have the bene...

5. ENV-2016-AKL-000270 Tram Lease Limited v New Zealand Transport Agency [pdf, 2.9 MB]

   ...viewer to provide for a minimum 32.5m (above ground at the site) floor of the volcanic viewshaft. 100.4 Delete Rules 2.11.1.1 and 2.11.1.2 and the basic floor area ratio and bonus floor area controls. Site 26: Other sites: (Maps 26A to 26I) 101 Other sites where similar decisions are sought regarding the general amendments listed in Appendix D include:

6. BORA Advice Maritime Crimes Amendment Bill [pdf, 255 KB]

   ...Schreiber v Canada (Attorney-General) [1998] 1 SCR 841, [19]-[25] (expectation of privacy in overseas records) and R v Simmons [1988] 2 SCR 495, 528 (expectation of privacy in border searches). 4 [1997] 1 NZLR 399 (CA), 407. 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [172]. 4 3217771_ATTORNEY GENERAL - BORA VETTING ADVICE TO THE AG greater the justification required (and the greater the attendant safeguards required to ensure that the justification is present). 14....

7. 2016-17 Annual provisional suicide figures [pdf, 1.3 MB]

   ...European and Other Number Rate Number Rate Number Rate Number Rate 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 2013/2014 22 4.67 108 18.06 26 8.81 373 12.96 2014/2015 16 3.40 130 21.74 27 9.15 391 13.58 2015...

8. Rua - Kotipu 2 (2003) 81 Ōpōtiki MB 35 (81 OPO 35) [pdf, 429 KB]

   ...trustees. The issue for the Court is whether I can remove the trustees and replace them with the Maori Trustee. BACKGROUND Kotipu 2 is a block of Maori freehold land situated on the Matahi Valley Road, near the village of Waimana. (See 89 Whakatane MB 101 & 86 Whakatane MB 261-262) The block comprises 42.8966 hectares and is subject to an ahu whenua trust, first constituted in 1991 when three trustees were appointed to administer the block. (See 84 Whakatane MB 2-3) The trustees ap...

9. Incorporated Societies Bill.pdf [pdf, 170 KB]

   ...search and seizure within the meaning of s 21 of the Bill of Rights Act. 4 See, for example, McAlister v Air New Zealand [2009] NZSC 78; and Child Poverty Action Group v Attorney-General [2008] NZHRRT 31. 5 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 25. Ordinarily, a provision found to limit a particular right or freedom may nevertheless be consistent with the Bill of Rights Act if it can be considered reasonably justified in terms...

10. BORA Taxation (Income Tax Rate and Other Amendments) Bill [pdf, 235 KB]

    ...citizens.6 In the present 4 Section 38 of the Statistics Act 1975 provides that information provided may not be admissible in any proceedings, except for prosecutions for failing to make disclosures under the Act itself. 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161], per Blanchard J. 6 Butler & Butler The New Zealand Bill of Rights Act: A Commentary (LexisNexis New Zealand Limited, Wellington, 2015, 2nd ed) at [18.8.1], in particular, citing the comments made by Tipp...