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1. MS v HF LCRO 183/2013 (30 October 2014) [pdf, 42 KB]

   ...permission. They report a history of previous issues with the manager. [3] A three page attachment to their formal complaint comprehensively details the history of this current dispute and the efforts to resolve it. At the time the complaint was filed court proceedings instituted by the retirement village were not concluded. 2 [4] The MS’s level a number of serious allegations against Mr HF. They criticise his personality, allege that he may be a drug abuser, criticise w...

2. Zhong v Auckland Council [2011] NZWHT Auckland 47 [pdf, 75 KB]

   ...the second respondent, Rose McLaughlan, to carry out the inspections when she was operating outside the terms of her license. This claim failed and has not been referred to in submissions on costs by either party. [6] In an affidavit filed on 20 January 2011 the builder, Lu Zheng, deposed that he was instructed by the third respondent/developer, Ya Wei Li, to use Harditex. This evidence was consistent with the contract between Orient Builders Limited and Ms Li. At ad...

3. Rainey v Martin - Taimaro 2B (2017) 162 Taitokerau MB 62 (162 TTK 62) [pdf, 216 KB]

   ...the parties to discuss this to see if agreement could be reached. [9] Following the hearing, an owner, Patrick Ruhi, advised he was taking steps to transfer shares to Joan. Despite that, an application to transfer those shares has not been filed. On 19 October 2017, Diane advised she wants to proceed with her application seeking injunctive relief. The Law [10] I have jurisdiction to grant a permanent injunction per s 19 of Te Ture Whenua Māori Act 1993 (“the Act”). Th...

4. MLC - Form 39 - Application for partition [pdf, 170 KB]

   ...1993 Section 289 or 298 Form 39 Rule 13.1 WHAT IS THIS FORM FOR? Use this form to apply to the Court for a partition of Māori Land or the combined partition of Māori and General Land to separate out owner’s shares into new land titles. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate application fee and be filed with the Registrar in the District in which the land is located; (ii) Please ensure that all information required on...

5. IQ v SG LCRO 56 / 2011 (2 March 2012) [pdf, 69 KB]

   ...ever provided the Applicant a fixed estimate for the conduct of the appeal, enclosing a copy of a letter in which he had required a retainer on account of costs and disbursements. The Practitioner further explained that the work involved in the file was comprehensive (covering preparation and drafting of submissions for the Family Court hearing and the subsequent Appeal) and resulted in a successful outcome for the Applicant at all stages. [10] The Practitioner stated that after r...

6. Saul v Ramos [2014] NZIACDT 48 (09 April 2014) [pdf, 130 KB]

   ...have a new written agreement and the diversion of funds for an unauthorised purpose breached the Code of Conduct. [9] The Tribunal is satisfied those three grounds of complaint have been made out. The Statement of Complaint [10] The Registrar filed an amended Statement of Complaint dated 28 February 2014. [11] It sets out that the complainant lodged the complaint on wider grounds, but the Registrar identified material supporting three aspects: [11.1] The adviser failed to perform he...

7. Morris - Pani Te Wairemana Morris Succession [2016] Chief Judges MB 792 (2016 CJ 792) [pdf, 233 KB]

   ...3 December 1992 WIREMU MORRIS Applicant Judgment: 28 September 2016 DECISION OF CHIEF JUDGE W W ISAAC 2016 Chief Judge’s MB 793 Introduction [1] This application filed by Wiremu Morris (“the applicant”) pursuant to section 45 of Te Ture Whenua Māori Act 1993 (“the Act”) seeks to amend a succession order at 137 Napier MB 17 (7 February 1994) relating to Pani Te Wairemana Morris or Pani Wairemana...

8. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

   ...above n 2 (footnotes omitted). for research of Commonwealth cases on quantum meruit. He submitted that Mr Pretorius should be fully reimbursed for the outlay he had incurred. Additionally, he sought a disbursement of $204.44, being the filing fee of the statement of claim on Mr Pretorius’ challenge. [5] Then Mr Jacobson submitted that the Court should fix costs in the Authority in relation to the preliminary determination of the Authority that the Court had set asid...

9. 2017 NZSSAA 061 (20 October 2017) [pdf, 158 KB]

   ...information in support of the poor mobile phone coverage around his home. We therefore set a timetable for him to file this evidence after the hearing. The timetable allowed the Ministry an opportunity to respond to the evidence. The appellant then filed further comments in response to the Ministry’s submissions. In the circumstances of this appeal we have taken all submissions and evidence filed after the hearing into account. [25] The evidence that the appellant submitted a...

10. Naera v Fenwick - Whakapoungakau 24 Block (2016) 154 Waiariki MB 254 (154 WAR 254) [pdf, 156 KB]

    ...the disclosure of documents and for an injunction restraining the then trustees from taking any steps to further the geothermal power project. Soon after, on 9 September 2009, a second interim judgment was issued where orders were made for the filing of documents by way of discovery as well as regarding access and confidentiality. Then on 2 December 2009 a third interim judgment was issued directing the convening of a meeting of owners for the purpose of consultation on the power pr...