Search Results

1. Mangu - Motatau 1B3E2 (2003) 98 Whangārei MB 152 (98 WH 152) [pdf, 291 KB]

   ...importance for the beneficial owners, their whanau and hapu. Those references span at least five volumes of the Whangarei and other Taitokerau minute books. Over the years, many applications have been made, decisions including injunctions issued, appeals heard and further decisions handed down." The Applicant's submissions The Applicant stressed that he was simply gifting one of his 42.5 shares in the Land to Mr Paewhenua. He also emphasised that his children consented to the...

2. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...November. The last day for the return of those votes is the 20th December; 2) the fact that there is litigation relating to the Matahina Forest and particular cultural sites. A judgement of the High Court, which allowed settlement to proceed has been appealed by Tuhoe and Ngati Rangitihi interests. A decision was made that the Respondent should pay its creditors and the one million dollars was borrowed from the ANZ Bank and dispersed; to pay solicitors Martelli McKegg the sum of $...

3. Pahau - Puketapu 4 (2001) 150 Gisborne MB 174 (150 GIS 174) [pdf, 342 KB]

   Place: Present: Date: Application No: Subject: Section: Gisborne Judge Wickliffe S MacGregor, Clerk of the Court 18 December 2001 A20010002519 Puketapu 4 - Change of Status 135 DECISION Minute Book: 150 GIS 174 This matter concerns an application to change the status of Puketapu 4 a block of Maori Freehold Land to General Land. Background As part of the background to this application information was provided to the Court indicating that Puketapu Maunga is a fa

4. Zhang & Cao v Chen [2018] NZIACDT 47 (16 November 2018) [pdf, 153 KB]

   ...omitted negligence and dishonest or misleading behaviour as grounds of complaint. The complainant says that the Registrar failed to discharge her statutory function; if grounds were to be omitted, she should have given notice of the right to appeal that decision pursuant to s 45(5) of the Act. The full grounds appeared in the statement of complaint, and the Registrar’s failure should not limit the grounds. [6] In relation to the decision in Mizoguchi v Immigration Advisers Com...

5. P v K [2019] NZIACDT 4 (5 February 2019) [pdf, 114 KB]

   ...professional violations was found to have been committed by him between about August 2013 and September 2017, such as: • failing to have written agreements with his clients; • failing to make clear his fees; • filing futile applications and appeals; • writing unprofessional communications to clients; and • failing to hold securely documents such as passports. [5] Mr K was found to have breached obligations in both the 2010 and 2014 Codes of Conduct. This included cls...

6. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...2 For example, Abernethy v Dynea New Zealand Ltd (No 1) [2007] ERNZ 271 (EmpC) at [31]-[33]. 3 Bourne v Real Journeys Ltd [2011] NZEmpC 120, [2011] ERNZ 375 at [13]. 4 Udovenko v Offshore Marine Services (NZ) Ltd [2013] NZEmpC 174. Appeal that parties should have every opportunity to ensure that the real controversy goes to trial, enabling the just determination of the proceeding.5 [11] In that particular case, the Court was required to consider an application for leave...

7. [2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd [pdf, 145 KB]

   ...was observed by (now) Chief Judge Inglis, in Udovenko v Offshore Marine Services (NZ) Ltd, an overly technical approach is not to be taken on this issue, as this would enable form to trump substance. The Court referred to dicta of the Court of Appeal that parties should have every opportunity to ensure that the real controversy goes to trial, enabling the just determination of the proceeding. [11] In that particular case, the Court was required to consider an application for leav...

8. Mental Health (Compulsory Assessment and Treatment) Amendment Bill.pdf [pdf, 163 KB]

   ...Act; b. the use of force, in respect of the patient, must be reasonably necessary in the circumstances. This requires the use of force to be reasonably necessary in the circumstances as the intervener reasonably believed them to be. The Court of Appeal in R v Rosso noted that while there is an element of subjectivity (for example, there must be an actual belief), the test is objective.8 The purpose of the force will be to restrain the special patient and to ensure their safe transport...

9. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 82 KB]

   ...incorrect advice as a result is not contested. This is not a case where a party has simply failed to call evidence that was available, and only chose to do so after an adverse result. The circumstances come within the general principles where an appeal or application for rehearing is allowed due to a fundamental error on the part of counsel. The misunderstanding regarding the right to silence, and the drawing of adverse inferences is quite different from the inevitable decisions that...

10. D v Secretary for Justice 25 September 2016 NZRA 001/2016 [pdf, 46 KB]

    ...active involvement will encompass such steps as researching the law, interviewing witness, cross-examination, making submissions, making opening/closing addresses, appearing at sentence, and appearances in support of or in response to an appeal. Clause 4 (a) of the Schedule is directed to experience working on approval level 2 criminal proceedings. It is silent as to whether or not that experience has to be gained after an applicant has been approved as a provider of legal...