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1. Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) [pdf, 294 KB]

   ...AC 373 4 Berube v Gudsell HC Wanganui CP 59/91, 13 March 1997 5 (1996) 68 Taupō MB 27 (68 TPO 27). See also Rātima v Sullivan – Tataraakina C (2017) 64 Tākitimu MB 121 (64 TKT 121) 75 Tākitimu MB 87 [13] In Wong v Burt the Court of Appeal stated:6 In our view, this is not a case in which the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable – it was downrig...

2. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...weathertightness issues was all completed well before December 1996. The only issue of contention therefore is whether the “act or omission” relates to the actual work that was done or the building work in its totality. 24. The Court of Appeal in Johnson v Watson [2003] 1 NZLR 262, in considering when the act or omission occurred, made reference to work that was “causative of the problems to which this proceeding relates”. In that case although some building work...

3. [2019] NZEmpC 152 Leota v Parcel Express Ltd [pdf, 417 KB]

   ...Cunningham [1993] 3 NZLR 681 (CA) at 689. delivery industry as the operator of nine major courier delivery brands, its market share and longevity in the industry. Due to the nature of the application, and the fact there may be limited rights of appeal, this case presents the first and only opportunity for the Court to address factual issues on industry practice. e) If granted leave, FL would not duplicate submissions unnecessarily, would not lead evidence, would not cros...

4. Phillips v King - Phillips Whanau Trust (2020) 421 Aotea MB 216 (421 AOT 216). [pdf, 200 KB]

   ...trust where a trustee has an interest or duty on both sides of the transaction.4 In principle, this rule applies to Lorraine King (as a trustee) occupying the homestead. [9] This Court has the power to remove a trustee for cause.5 The Court of Appeal decision in Rameka v Hall observed:6 [30] The settled approach in the Maori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the Court has described as: … the broader approac...

5. BORA Arms Legislation Bill [pdf, 119 KB]

   ...as prima facie inconsistent with s 25(c). This is because a strict liability offence may be proved by a finding that certain facts occurred without proof of mens rea. A defence of “total absence of fault” is available in terms of the Court of Appeal decision in Civil Aviation Department v MacKenzie.1 The burden of proof of that defence is on a defendant (to the balance of probabilities standard). 7. Whether a limit on a right is a reasonable one falls to be determined in accordance...

6. [2022] NZEnvC 052 Greenacres Waiheke Limited v Auckland Council [pdf, 170 KB]

   ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. [2] The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. [3] By Minute of the Environment Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediatio...

7. Lavender v Attorney-General (Strike-Out Application) [2021] NZHRRT 52 [pdf, 113 KB]

   ...Act). Reliance is placed on Williams v Police [2021] NZHC 808, (2021) 12 HRNZ 545 at [110], a decision which underlined the importance of a hearing at which relevant evidence is adduced and examined. [6] The decision in Williams v Police is under appeal, leave having been granted by the High Court in Williams v New Zealand Police [2021] NZHC 2345 (8 September 2021) but the parties to the present proceedings are in agreement it would not be in the interests of justice for the Tribunal...

8. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...NZLR 310 at [2] in relation to the principle generally; and, in relation to access to Court documents, see the discussion in Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 [Berry HC] upheld on appeal in Berry v Crimson Consulting Ltd [2018] NZCA 460 [Berry CA]. departed from in certain circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered...

9. Marshall - Otukou Papakāinga Trust (2021) 437 Aotea MB 116 (437 AOT 116) [pdf, 246 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [16] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.6 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

10. [2022] NZEnvC 248 Greenacres Waiheke Limited v Auckland Council [pdf, 196 KB]

    ...along with the solid organic waste from septic tanks and grease traps from properties that are connected to the Owhanake Wastewater Treatment Plant. The respondent issued the appellant with an abatement notice on 23 April 2021. The appellant appealed and applied for a stay of abatement notice on 17 May 2021. By Minute of the Court dated 26 May 2021 a stay of abatement notice was granted on an interim basis until 30 June 2021 to enable Court-assisted mediation to take place....