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1. Western Bay of Plenty District Council - Pt Taumata 3A2B (2015) 128 Waiariki MB 49 (128 WAR 49) [pdf, 209 KB]

   ...still required? (b) Will cancellation be detrimental to any title that relies on the road line? (c) Who should the road line be re-vested in? Background [5] In 1895 an application per s 7 of the Native Land Court Act 1886 Amendment Act 1888 was filed to have the interests acquired by the Crown in Taumata 3A2, partitioned and vested in the Crown. Orders were issued for a partition of Taumata 3A No 2 in favour of Her Majesty to be

2. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

   ...196 Introduction [1] On 10 October 2011 Sydney Margaret Loach entered into an agreement for the sale of her half interest in a block of Māori freehold land, Matarikoriko No 7B2, to David and Christine Jury. Then on 12 October 2011 she filed an application for confirmation of alienation per s151 of Te Ture Whenua Māori Act 1993. [2] Murray Bidois, the brother of Ms Loach, and Moana Denness oppose the application. They say that the block has important cultural and histo...

3. ENVC Hearing 6Oct14 DM local Susan McCann [pdf, 115 KB]

   ...day and have a real sense of what attracts tourists to Waiheke and what impacts upon favourable and unfavourable impressions of the Island. 2 SCOPE OF EVIDENCE 5. I made a submission opposing the proposed marina at Matiatia and I then filed notice to join in these proceedings as a section 274 party. 6. Subsequently I agreed to become a section 274 party represented by Direction Matiatia Incorporated (DMI). I give this, my evidence, for DMI. 7. As far as possible I h...

4. ENVC Matiatia party corresp WMLFeb15 affidavit D Mitchell [pdf, 3.6 MB]

   ...known to me that might alter or detract from the opinions expressed. Scope of Affidavit 3. Waiheke Marinas Umited ("WML") have made amendments to the application in these proceedings ("Revised Proposal"). A notice of motion filed by Direction Matiatia Incorporated ("DMI") seeks an order that the amendments are out of scope. The specific focus of DMI 's notice of motion is the amendments made to provision for car parking. 4. WML have proposed...

5. Johnson v Stone - Estate of Tamati Johnson (2011) 13 Tairawhiti 251 (13 TRW 251) [pdf, 187 KB]

   ...Te Ture Whenua Maori Act 1993 IN THE MATTER OF Estate of Tamati (Poppy) Johnson BETWEEN THOMAS JEREMIAH TE WHAIORA JOHNSON Applicant AND MATILDA STONE Respondent Hearing: 14 December 2009 13 July 2009 (Evidence filed at Tairawhiti) 9 June 2008 (Evidence heard at Tairawhiti) Appearances: M Tarsau, counsel for the applicant J D Rangitauira, counsel for the respondent Judgment: 21 April 2011 RESERVED JUDGMENT OF JUDGE C T COXHEAD...

6. Dyall v CAC20001 & Lantz [2013] NZREADT 50 [pdf, 58 KB]

   ...from statements of the licensee: “We carried out the instructions of the Family Court Order and with the exception of not having a hard copy in my possession at the time that Ms Dyall was at the property (and the fact that a Court Order had been filed that she was not to trespass on the property), I have done nothing which violates the Code of Conduct or any other breach of the Act. I did not argue with Ms Dyall when we were both at the property and in fact, helped her move the rema...

7. Klee v CAC 10064 & Little [2012] NZREADT 40 [pdf, 54 KB]

   ...‘general appeals’. All parties agree that the Tribunal should apply the principles set out in Austin, Nichols as reiterated by Kacem v Bashir.” [28] We have before us all the material previously before the Committee as well as further evidence filed and given by the parties for the purposes of this appeal. We can consider all the material in exercising our own judgment as to the facts and which of the orders available on appeal is appropriate. Discussion [29] It has bee...

8. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...licensee’s conduct, as proven, falls within any of the provisions of ss.72 (unsatisfactory conduct) or 73 (misconduct). A Summary of Relevant Evidence of the Appellant [17] By consent, the appellant gave evidence by telephone from Iceland but had filed written evidence also. [18] On 1 October 2009 the appellant signed a listing agreement with the licensee’s firm MacPherson Realty Ltd. The licensee was then on leave and Ms Sally Cooke of MacPherson dealt with the listing agr...

9. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

   ...“[she] did not discuss the article that Mike Harvey gave to the Nelson Evening Mail in fact even agent Phil Neal (also Ray White Realty Mapua) knew nothing about it until I phoned him and complained about the breach of confidentiality.” In a File Note, an investigator from the Real Estate Agents Authority records that the complainant told him that her property had been on the market for between 3 and 4 years but not continually during that period. It had generally been taken off the...

10. Auckland Standards Committee v Murray [2014] NZLCDT 88 [pdf, 103 KB]

    ...damaged the relationship of mutual trust and respect between the legal profession and this country’s prison authorities.” [9] The history of the criminal process has been recorded here because six days before the hearing of this charge, Ms Murray filed an amended response to the charge - the first limb of which she had previously admitted. Her amended response denied the first limb of the charge and the submission was made on her behalf that there was “… an absence of proof...