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1. 2013 archive

   ...to top Criminal Procedure Act 2011 - 1 July 2013 3 July 2013 - Further changes have been made to the Criminal Fixed Fee and Complex Cases Guidelines, to align with the Criminal Procedure Act 2011. There are now two sets of guidelines in use. Charges filed before 1 July 2013 Charges filed on or after 1 July 2013 We have created a Frequently Asked Questions document where we have published responses to commonly received queries regarding the new framework. Back to top New criminal fixed fee and...

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2. [2012] NZEmpC 56 EBIIWU v Norske Skog Tasman Ltd [pdf, 204 KB]

   ...to the five weeks’ annual holiday a year they are otherwise entitled to. Costs [62] If any issue of costs arises, and cannot otherwise be agreed between the parties, they may be the subject of an exchange of memoranda, with the plaintiff filing a memorandum within 60 days of the date of this judgment, and the defendant filing within a further 30 days. J Christina Inglis Judge Judgment signed at 2pm on 3 April 2012...

3. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...matter was called in Masterton, the court registry in Hastings received from Mrs Manu Te Whata a Notice of Intention to appear dated 26 February 2015. Mrs Te Whata had previously been in contact with court staff and was advised that she needed to file a notice if she wished to be heard on this application. Mrs Te Whata is not an owner in this block and is not an owner who agreed to sell part shares in this block to the Gibbs. She is however an owner in other Akura blocks and would...

4. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...Walter’s nieces and the executrix of his will, has applied to the Court for succession orders to vest the land in Vaughan. Sheree initially opposed those orders as she claimed an interest in the land in relation to her house. She has since filed an application under s 328 of Te Ture Whenua Māori Act 1993 (“the Act”) for an occupation order. She claims ownership of the house and, in the alternative to an occupation order, claims an equitable interest in the land. Sheree no l...

5. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

   ...provide the purchaser’s solicitor with a copy of the letter from the tenant referred to above. [8] The agreement was declared unconditional and settlement proceeded on 29 August 2008. NV had returned by that time and resumed control of the file. He was responsible for signing and sending the settlement statement sent to the purchaser’s solicitor although it was prepared by a member of his staff. [9] Following settlement, NV accounted to TC and TD. In his statement he inc...

6. 2017 NZSSAA 039 (20 July 2017) [pdf, 204 KB]

   ...is a retired community worker who has had close contact with Ms XXXX since she arrived in New Zealand. She is a friend of Ms XXXX’s family who visits the appellant in XXXX annually and maintains contact by telephone. [6] The appeal was filed on 6 May 2016 in the form of a brief letter from Ms Z stating that the grounds of appeal are that Ms XXXX ‘qualifies for SLP under the reciprocal agreement and thus for Disability Allowance and TAS (Temporary Additional Support) also’....

7. Perkins v ACC [2013] NZACA 19 [pdf, 63 KB]

   ...of the Act for compensation for pain and suffering and loss of the amenities of life. [14] Mrs Perkins had instructed Injury Compensation Services Ltd (ICSL) to act on Mr Perkins’ behalf, and it took several reminders before submissions were filed on 26 September 1994. The covering letter stated that Mr Perkins was still suffering from the ongoing effects of the accident and the submissions were in support of claims under ss 78 and 79. However, the submissions were made solely in r...

8. Kirkham v Huata - Lot 2 Deposited Plan 1996 formerly known as Mangaroa 26N2 block (2016) 54 Takitimu MB 104 (54 TKT 104) [pdf, 363 KB]

   ...proceedings were adjourned in 2014 at the request of the parties to provide them the opportunity to explore resolution between themselves. Then in 2015 attempts were also made at alternative dispute resolution. Then in 2016 counsel for the trustees filed further submissions seeking a determination from the Court, given the inability of the parties to reach a solution themselves. Background [5] The Mangaroa 26N2 trust was constituted on 27 June 1974 per s 438 of the Māori Affai...

9. Chambers v Keepa - Te Hinau A Pura Whānau Trust (2016) 350 Aotea MB 74 (350 AOT 74) [pdf, 310 KB]

   ...accused the other of “deviousness” and “fraud”. Thus, an impasse was reached. The trust funds remain inaccessible and alternative funding sources have been necessary to cover trust expenses. [15] Following this series of events, Ms Chambers filed the application to remove Mr Keepa as a trustee on 15 July 2014. On 20 November 2014 Mr Keepa responded by filing his application for partial termination of the trust in respect of his interests. Should Mr Keepa be removed? App...

10. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

    ...the matter remains and cannot be raised again in this second complaint. [82] Ms PL suggests that Mr HM has breached r 9.4 by refusing to give her an estimate of the likely costs to administer the estate. In paragraph [28(a)] of the affidavit filed by Ms PL in response to Mr HM’s application to be appointed sole executor,37 Ms PL refers to her email of 24 May 2015 to Mr HM in which she says Mr HM responded by referring to his hourly rate and that the file will be charged. [83...