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1. Pomare v Pomare - Utakura No 8 (2016) 140 Taitokerau MB 39 (140 TTK 39) [pdf, 230 KB]

   ...right of occupation of your late mother’s home. Ben and you paid the arrears and commenced paying $140.00 each a fortnight to meet the mortgage. At the same time the Māori Land Court transferred 45 shares each to you and Ben and Fred retained 110 shares in the block out of a total of 200 shares. The transfer of the shares was ordered by the Court on the 12 th April 2006. The area of Utakura No.8 is 1.821 hectares (approximately 4.2 acres). The shares that you and Ben received...

2. E38 Jon Styles - Noise - EIC - Council [pdf, 854 KB]

   ...improvements to the conditions, the proposal is now consistent with this objective. I note that Ms Broadbent deals with this issue in her evidence also. Limitation of CNVMP to “Infrastructure” 9.8 I note that the Applicant’s proposed condition 110 has been updated such that it applies only to “infrastructure construction”, where infrastructure is defined in the proposed condition 1 as excluding base construction. 9.9 I have seen no technical analysis or evidence to su...

3. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...Complaints Assessment Committee 10056 v Ferguson [2013] NZREADT 30; Morton- Jones v The Real Estate Agents Authority [2016] NZHC 1804, at [128]; and Z v Dental Complaints Assessment Committee [2008] NZSC 55, [200p] 1 NZLR 1, at [97]. [21] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As may be relevant to the present case, the Tribunal may: [a] make any of the orders that a Complaints Assessment Committee may make under s 93 of the Act (...

4. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...disposition of non de novo challenges and applications for judicial review), this Court has no power to make any such order.29 26 Bulk Gas Users Group v Attorney-General [1983] NZLR 129 (CA) at 136. 27 Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462 at [1]. 28 Hunt v A [2007] NZCA 332, [2008] 1 NZLR 368 at [92]. 29 Employment Relations Act 2000, s 188(4). [41] Damages are not generally available as a remedy for judicial review.30 Factors such as the gravi...

5. Kururangi - Wharekahika A47 (2006) 168 Gisborne MB 103 (168 GIS 103) [pdf, 419 KB]

   ...matter of right. [23] 'Tht;jur,i~diction of the Court is founded on a breach ofcovenanJ !:lY.,t1te" , 'lessee, together with a refusal by the landlord to grant a renewal of theJease.''1'lit' Minute Book: 168 GIS 110 Court has had proof of both these aspects and can consider whether to grant relief. The grant of relief is discretionary and may be granted on terms. Where an order is made granting relief in relation to Maori land confirmation of the...

6. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...Incorporation, Pouakani No.2 Trust and Owahanga Incorporation in equal, one-fifth shares to: Phillip Patrick Hutana, Huia Christina Williamson, Reginald Walter Hutana, Josette Waina Ngahina Malcolm and Edward Napier Hutana; and 53 Te Waipounamu MB 110 (e) The residue of Te Whe Hutana’s estate in equal, one-seventh shares to all of Te Whe Hutana’s children who survived her: Phillip Patrick Hutana, Huia Christina Williamson, Reginald Walter Hutana, Josette Waina Ngahina...

7. [2021] NZACC 6 - MacDonald v ACC (12 January 2021) [pdf, 198 KB]

   ...failed to clarify the full extent of the rehabilitation the appellant required after the 2017 vocational independence decision was overturned. In particular, it failed to take account of his major depressive disorder. [42] Ms Brown refers to s 110 which provides that the Corporation must not require the claimant to participate in an assessment of vocational independence unless he is likely to achieve vocational independence and has completed any vocational rehabilitation that t...

8. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2020] NZLCRO 110 Ref: LCRO 202/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee X BETWEEN HB Applicant AND MD Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr HB...

9. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...itself to establish an abuse of process as a separate ground. It was his 15 argument that it was the degree of delay occasioned by the Committee “attempting to revisit its earlier decision at a much later stage” that created the problem. [110] Having established that the own motion inquiry was being progressed at the same time as the complaint investigation, it is clear that any delay was not occasioned by the Committee reinvestigating a matter in which it had earlier issued a...

10. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

    ...of the party wall. This recorded that the party wall posed a very high risk to life, and required strengthening work. Burden and standard of proof [21] The Committee has the onus of proving the charges against each defendant. Pursuant to s 110 of the Act, the Tribunal must be satisfied that the charge is proved on the balance of probabilities. Licensees’ obligations as to disclosure [22] Rules 6.4, 10.7, and 10.8 of the Rules set out licensees’ obligations of disclosure...