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1. Berry v Rondel LCRO 130 / 2011 (2 February 2012) [pdf, 170 KB]

   ...in the property as security for such borrowing. Investigations by the bank revealed that the title to the property had been transferred in full to the Trust which not unnaturally, caused Ms Berry some concern. She therefore sought to have her files transferred to Mr NC, of AEL Lawyers Limited. [18] Immediately following her request, Mr WA made contact with her. Ms Berry’s evidence is that Mr WA advised her that it would take some time for Mr Rondel to put the files in order....

2. [2018] NZEnvC 035 The Wellington Company Ltd v Save Erskine College Trust [pdf, 7.9 MB]

   ...identifying any issues not agreed for determination by the Court. [4] TWLC's 2 March report offered proposed conditions with commentary, and anticipated that the final proposed Erskine Chapel Concept Plan (and all its supporting material) be filed with the Court by 4 April. The commentary contained a table showing the conditions proposed at that time with feedback/commentary from other parties which TWLC acknowledged had been provided at short notice. The TWLC memorandum reco...

3. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...and hearings for about half of its case load, in its courtrooms in those centres. The balance of the work of the Court is conducted in circuit locations around the country, both in and out of courthouses. [22] Something less than 5% of the cases filed in the Court require a formal hearing on the merits. Most cases are settled by alternative dispute resolution, or by direct negotiation amongst 3 RMA, s 250 6 parties, or are...

4. [2022] NZEnvC 229 Wilson v Waikato Regional Council [pdf, 1.2 MB]

   ...observations, the planning evidence was called and tested. Counsel for OAL then sought that his client be given an opportunity to further refine its proposal in light of the court's observations. Prior to the adjournment, directions were made for the filing of a joint memorandum or memoranda on all matters including a timetable for closing submissions. 16 OAL's Final Revised Proposal [16] On 26 May 2022, OAL filed a memorandum of counsel as to its Final Revised Proposal. T...

5. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

   ...Forest Trust dated 20 May 2022, at [13]. 3 Ibid. 450 Aotea MB 249 replace Ms Te Heuheu if I find that the casual vacancy provisions are triggered and the trustees are compelled to follow them. [7] The Taruna Te Wano Whānau Trust, also filed a written submission in support of Mr Lawless. The trustees of this trust did not appear at the hearing. Whakataunga Outcome [8] Having considered the arguments raised by the parties and for the reasons set out below, I find th...

6. Waitangi Tribunal - Wai 2200 A186 Scoping report [pdf, 3.3 MB]

   ...and scope of an oral and traditional project. Despite best efforts, however, some claimants have not been able to meet with me and in a few cases I have not been able to contact listed claimant groups. Efforts to do so will continue right up to the filing of this scoping report on the Tribunal record. The scoping report considers the research requirements for Ngātiawa ki Kāpiti Coast and Ngātiawa/Te Āti Awa mai i Kukutauaki ki Whareroa in three sections. For each of these se...

7. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...Committee members are Jason Cribb, Nicholas Hepi, Simon Hepi, James Hill, Dominic Otimi, Andrew Smallman and Mahengarangi Wynyard. 3 [7] The core business of the incorporation is sheep and cattle. According to the most recent annual accounts filed with the Registrar, the statement of financial position records that as at 30 June 2012 the incorporation had assets of $10,967,926.00 and liabilities of $1,044,512.00, leaving a net equity of $9,923,414.00. 4 The statement of financ...

8. Canterbury Standards Committee v Sisson [2011] NZLCDT 16 [pdf, 186 KB]

   ...aid was eventually granted on 6 January 2006. In the application Ms Sisson had stated her estimate of the total likely cost of services for which aid was sought to complete steps one and two in the proceeding, including a 6 High Court filing fee of $1400. On 1 February 2006 LSA advised Ms Sisson that Ms H had been granted legal aid, with a maximum grant of $1730 in respect of steps one and two, the request for High Court filing fee grant was declined on the basis that the...

9. HH v ASC2 LCRO 33 / 2011 (21 December 2011) [pdf, 161 KB]

   ...did not seek any instructions with regard to the two conditions inserted by the SYs, or offer any advice as to what was required to ensure proper notification of satisfaction of the conditions was provided. [11] The first activity on Ms SX’s file was on 17 May 2007 when Ms HJ of HI Law wrote to Ms SX seeking payment of the deposit and noting the conditions of the Agreement. Pursuant to the terms of the Agreement, the deposit was to have been paid by Mr and Mrs SY to HI Law within...

10. Smith v ACC [2014] NZACA 3 [pdf, 82 KB]

    ...statement that part of the representation costs for the four reviews and the two appeals was contingent upon the outcome of the substantive issue on relevant earnings. Mr Forster asked for leave to await the Authority’s decision on that issue and then file a memorandum as to costs for all matters, which could be dealt with on the papers. [11] Mr Hlavac submitted that a contingency fee is immaterial to the proper quantum of costs on a review and noted that the three applications for r...