Search Results

1. Flutey - Papatupu 2A No.2 (2016) 358 Aotea MB 38 (358 AOT 38) [pdf, 305 KB]

   ...of the proceeds. In his latest letter Mr Parker raises issues of contribution and how the costs of planting, maintaining and harvesting the trees should properly be deducted from any amount claimed by Mrs Flutey: I have read through all the files concerning the contacts of my firm with Mr Sullivan since 1983, when Mr Sullivan who was then leasing Papatupu 2A2 purchased the 18 shares of Queenie Heremaia. In the court of Will instructions in 1997 and in 2002 there was some refere...

2. LCRO 359/2013 SW v LM [pdf, 212 KB]

   ...The Standards Committee determination [10] The Standards Committee considered rr 13.8 and 13.8.1 of the Rules, which state: 13.8 A lawyer engaged in litigation must not attack a person’s reputation without good cause in court or in documents filed in court proceedings. 13.8.1 A lawyer must not be a party to the filing of any document in court alleging fraud, dishonesty, undue influence, duress, or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensur...

3. [2020] NZEnvC 169 The Otway Oasis Society Incorporated v Waikato Regional Council.pdf [pdf, 4 MB]

   ...Applicant's proposal under s 104 and s 104D of the RMA? [4] I will address that issue on a somewhat truncated basis in light of the degree of urgency attaching to this decision. I record that the submissions of the three parties I have heard from were filed and read by me in advance. In every case they were of considerable assistance to the Court. I mean no disrespect to the parties in not summarising their individual submissions in detail , rather I will identify what I consider...

4. ABC Trust v G Ltd [2021] NZDT 1307 (16 April 2021) [pdf, 247 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...

5. Insley v Insley - Awanui Haparapara No 2B1B2 (2017) 167 Waiariki MB 183 (167 WAR 183) [pdf, 249 KB]

   ...[8] Awanui Haparapara 2B1B2 is Māori freehold land comprising 3.283 hectares. There are currently 32 beneficial owners holding a total of 8.1125 shares. [9] The meeting of owners was held on the block on 18 March 2017. According to the minutes filed with the application there were 7 owners and 6 non owners present at the hui. Proxy forms were also handed in for 5 owners. [10] On a shareholding basis those present at the hearing held a total of 5.218615 shares. The proxy vote’...

6. Kiriona - Estate of Hiromina Ratima Pakai [2017] Chief Judge's MB 35 (2017 CJ 35) [pdf, 220 KB]

   ...WIKITORIA KIRIONA Applicant Judgment: 02 February 2017 DECISION OF CHIEF JUDGE W W ISAAC 2017 Chief Judge’s MB 36 Introduction [1] This application filed by Wikitoria Kiriona (“the applicant”) pursuant to s 45 of Te Ture Whenua Māori Act 1993 (“the Act”) seeks to amend a vesting order dated 22 July 1985 at 120 Napier MB 214-215 relating to Hiromina Ratima Pakai or Hiromina Mabel

7. Edwardes v Architectural Edge Limited [2017] NZWHT Auckland 2 [pdf, 117 KB]

   ...Adjudicator: K D Kilgour Background [1] This claim relates to a Geodesic Dome dwelling-house situated at 308D Seaview Road, Ostend, Waiheke Island. The home allegedly has water ingress issues causing significant damage. The claimants filed an application for an assessor’s report under the Weathertight Homes Resolution Services Act 2006 (the Act) with the Ministry of Business Innovation and Employment on 27 November 2012. [2] The claimants applied for adjudicat...

8. [2017] NZEmpC 114 Quality Consumables Ltd v Hannah [pdf, 167 KB]

   ...were reserved in the first determination and in the costs determination of 8 June 2017, the plaintiff was ordered to pay a contribution towards Ms Hannah’s costs amounting to $7,000. [5] The challenge to the determination of 8 May 2017 was filed with the Court on 2 June 2017. When a challenge is filed it does not operate as a stay, 3 and Ms Hannah took enforcement proceedings in the High Court against the plaintiff to have it placed in liquidation. Those proceedings were call...

9. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [pdf, 128 KB]

   ...Tribunal’s delay in issuing this decision. I have taken that into account. [37] I decline to order payment of a penalty. 9 Refund of fees and expenses [38] Ms Carr submits it is appropriate to order a refund of $2,400 paid in fees plus a $500 filing fee said to have been paid to the Immigration and Protection Tribunal. Mr Singh seeks the recovery of this sum. I do not detect from the submissions of Dr Harrison QC that this is opposed. He contends that it is material to ta...

10. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

    ...also advised on 19 May 2018 that she is considering resigning and requested that the decision be deferred for two weeks. On 21 May 2018, I granted Mrs McGuckin’s request to defer the decision. [5] Robert Cribb, a current trustee, has since filed a letter, on 30 May 2018, setting out his views on the matters before the Court. On reflection, I consider that there is no need to await any further submissions since the respective positions of the affected parties have been made cl...