Search Results

1. AR v PI LCRO 157/2013 (10 October 2014) [pdf, 116 KB]

   ...them. This is an issue which would need to be determined by a court. [28] Mr AR had not assumed any personal obligations to SN Limited. He had not given any undertaking to remit the funds to UB Lawyers. In this regard, the Court of 6 Appeal judgment in Cashmere Enterprises Limited v Mathias7 referred to by the Standards Committee is relevant. [29] In Cashmere, Mrs Going irrevocably instructed Mr Mathias to pay a GST refund (which she had directed IRD to pay him) to the v...

2. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

   ...meeting. At the hui those present raised concerns about the site for the occupation order and access to the land. 7 Rudolph v Reti – Otetau B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) 8 Ibid 9 Brown v Māori Appellate Court [2001] 1 NZLR 87 (HC) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Otetao%20B3A2.pdf/ 55 Tākitimu MB 138 [...

3. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   ...remaining (“the residue”) equally among those of my nieces Hera, Marlene and Jacqueline Manaehu Rose Swinton (“Jacqueline”) who survive me. 9 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 139 Waiariki MB 181 [17] These provisions confirm a clear intention by the deceased to make provision for his Māori land interests. Accordingly, it is important to examine the remaining provisions of the will in su...

4. Doney - Lot 2 DP 29547 (2017) 145 Taitokerau MB 4 (145 TTK 4) [pdf, 200 KB]

   ...[1979] 2 NZLR 750 at 753. 145 Taitokerau MB 9 [24] Surprisingly, the relief in this statement of claim does not seek a determination that the subject lands are Māori customary land. [25] In Ngāti Apa v Attorney-General, 9 the Court of Appeal found that all land remains Māori customary land until the native title is lawfully extinguished. There is no question that the decision in Ngāti Apa is good law. The principle that customary title remains until lawfully extinguis...

5. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...most effective method to adequately enforce the offences against the alcohol limit set out in the Bill. 14. We consider that the demand for a breath or blood sample is a search for the purposes of s 21 of the Bill of Rights Act. The Court of Appeal has said that the “touchstone” of section 21 is the protection of reasonable expectations of privacy.[1] Expectations of privacy are not as great in the commercial world as they are in the domestic sphere.[2] It is an exercise in b...

6. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 30. Whe...

7. BORA Building Amendment Bill [pdf, 216 KB]

   ...these general safeguards, there are safeguards applicable specifically to new ss 133BT and 207M which help to ensure that they impair the right to freedom of expression no more than is reasonably necessary. In particular, new s 133BT is subject to an appeals process and new s 207N places limits on the chief executive’s ability to share evidence or information collected in the investigation of a building failure, including information that owners have been required to provide under new s...

8. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...registered proprietors, on the basis they were the rightful owners and had not alienated the land. They claimed fraud in relation to the 2 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512); and Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271). See also Barnes – Te Horo 2B2B2B Residue (2008) 125 Whangarei MB 11 (125 WH 11); and Northcroft v Northcroft – Tauhara Middle 4A1L1B1A...

9. MVDT Annual Report 2013-2014 [pdf, 255 KB]

   ...valuers’ assessment of 30% reduction to be too great and the trader’s 10% reduction in value to be too conservative and guided by the valuers’ opinions assessed the purchaser’s loss at 13.5% of the purchase price or $4,500, a figure which, on appeal was increased to $8241. d) The danger of buying a vehicle without a Consumer Information Notice The Auckland Adjudicator’s 2013 Annual Report referred to the frequency with which the Tribunal hears claims where the trader has...

10. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

    ...requirements imposed on trustees under s 150A regarding the alienation of land Māori land vested in them. They may not do so without the consent of at 7 [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 8 Ibid, footnotes omitted http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291892#DLM291892 85 Tākitimu MB 194 least three quarters of the owners where there is no defined share in the land, or...