Search Results

1. [2014] NZEmpC 73 Carter Holt Harvey Limited v Rodkiss [pdf, 74 KB]

   ...given by Mr Rodkiss and Mrs Rodkiss in the Authority to the effect they then had a substantial mortgage in the vicinity of $700,000. Other grounds are raised for the applicant which are analysed more fully below. [4] A notice of opposition was filed on 4 February 2014 supported by an affidavit from the respondent. That affidavit states that the respondent does not consider the amounts involved to be significant; and describes the respondent’s financial position in detail. In...

2. Stebbing – Tauhara Middle 4A 2B 2C (Opepe Farm Trust) (2014) 92 Waiariki MB 218 (92 WAR 218) [pdf, 144 KB]

   ...Applicant Hearing: 17 March 2014 Appearances: Gregory Stebbing and Temuera Hall in person Judgment: 17 March 2014 ORAL JUDGMENT OF JUDGE L R HARVEY Introduction [1] Two applications have been filed by Gregory Stebbing concerning Opepe Farm Trust. The first is for the appointment of Arapiu (Abe) Seymour as an additional responsible trustee and for the reappointment of the four existing trustees, Temuera Hall, William Aubrey, Charlott

3. Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168 (32 TKT 168) [pdf, 121 KB]

   ...remote. [19] Mr Bloor will provide a detailed draft report on the meeting to all of the trustees and their representatives soon after the meeting. Those persons will then have 7 days following that to provide Mr Bloor with any comments before he files a final version of his report prior to the next sitting. Decision [20] Arama Puriri is directed to take all such steps as are necessary by signing any necessary forms to restore access to the trust’s account with Westpac Bank by a...

4. Deputy Registrar - Pohokura 3B - Ahu Whenua Trust (2011) 44 Waiariki MB 10 (44 WAR 10) [pdf, 140 KB]

   ...Adrian Paerata, Tana Hurinui, Ngahuia Tahau- in person Judgment: 18 November 2011 RESERVED JUDGMENT OF JUDGE LR HARVEY 44 Waiariki MB 11 Introduction [1] The Deputy Registrar filed an application on 14 July 2009 per s238 of Te Ture Whenua Mäori Act 1993 for the enforcement of obligations of trust due to non compliance with the trust order by the responsible trustees. In particular no accounts had been filed with...

5. Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 Aotea MB 153 (299 AOT 153) [pdf, 111 KB]

   ...286 Aotea MB 29, dated 22 June 2012 280 Aotea MB 42, dated 24 February 2012 (Heard at New Plymouth) Judgment: 22 March 2013 INTERIM RESERVED DECISION OF JUDGE L R HARVEY Introduction [1] On 1 November 2011 Taimutu Te Ariki o Kahukura filed an application per s 18(1)(a) of Te Ture Whenua Mäori Act 1993 (“the Act”) to determine the ownership of the Ngaia Homestead situated on the Mäori freehold land block known as Manukōrihi 1B section 2. The applicant seeks an orde...

6. Te Ruatahi 2B Trust – Te Ruatahi 2C1 (2013) 58 Taitokerau MB 239 (58 TTK 239) [pdf, 114 KB]

   ...Judgment: 30 April 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 58 Taitokerau MB 240 Introduction [1] This roadway application has taken a long journey through the Māori Land Court. The application was first filed on 29 November 1991. It is under s 418 of the Māori Affairs Act 1953 (“the 1953 Act”) and has been to at least 27 hearings and site inspections before four different judges. I have had conduct of the matter since 2011. Many of th...

7. Auckland Standards Committee v Potter [2014] NZLCDT 63 [pdf, 62 KB]

   ...practice management considered important by the profession in order to protect the public. Issue 2 - aggravating features [19] While at all times courteous, it has to be noted at times the practitioner failed to comply with directions and indeed filed no formal response to the charge faced by him. Nor did he file an affidavit. He simply appeared on the day and presented his arguments. We considered he failed to accord a proper level of seriousness to his failure to comply with...

8. Legal aid criminal procedure simplication project - proceeding steps [pdf, 256 KB]

   ...Note The $400 payment for Step 3 is a flat fee and only payable for the completion of all activities that is the CMM, case review event, and/or judicial intervention hearing Part-payments will not be made if the CMM is not completed and filed on the due date. Criminal Simplification Project Steps – August 2012 Page 5 Summary Jurisdiction February 2010 Step 4: Disclosure – Criminal...

9. ENVC Matiatia party corresp costs Direction Matiatia Ltd 201601 [pdf, 316 KB]

   ...$414,218.07 in pursuing its opposition to the marina proposal. Attachment 1 (comprising an Excel spread sheet) itemises the legal and expert witness costs paid by DMI. The spreadsheet itemises the costs by case task, namely: (a) Preliminary Advice; filing of s 274 notice; (b) Preparation for First Hearing; (c) First Hearing; (d) Second Hearing (‘out of scope’ motion); (e) Third Hearing. 4. DMI advises that payment of these costs was supplemented by a grant of Environme...

10. LB v Standards Committee LCRO 77 / 2011 (1 September 2011) [pdf, 90 KB]

    ...Committee’s Notice of Determination of 24 February 2011 set out the detail of the complaint, and the basis for concluding that there was no unsatisfactory conduct, having noted that “the two very experienced Practitioners who had reviewed the file had concluded that the work completed was very competently carried out, in an efficient and expeditious way”. The Committee nevertheless stated that “there was some unease within the Committee at the ultimate amount of the bill r...