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1. Trustees in the Section 14 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Survey District (2015) 29 Te Waipounamu MB 48 (29 TWP 48) [pdf, 202 KB]

   ...the said term hereby granted at the same rent and containing the like covenants and provisos as are herein contained 14 Biel v Hall – Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535); Murupenga – Re Proprietors of Te Hapua 42 Incorporation (1972) 2 Taitokerau Appellate MB 72 (2 APWH 71). 15 Laws of New Zealand Lessor and Lessee (Reissue 1) (online ed) at [80]. 16 Laws of New Zealand, above n 15, at [78]....

2. Tahata v Tahata - Proprietors of Ngāwhakatutu A1A (2015) 49 Tairawhiti MB 251 (49 TRW 251) [pdf, 214 KB]

   ...flaws amount to unsatisfactory performance. [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Maori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Wh...

3. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...and that it must consider the three matters listed at subclause (3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [52] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.1 Those cases show that “flagrant” copyright infringemen...

4. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...6 Eriwata v Trustees of Waitara SD Section 6 and 91 Land Trust (2005) 15 Whanganui Appellate MB 192 (15 WGAP MB 192) and Te Hokowhitu v Proprietors of Matauri X (2010) 2010 Māori Appellate Court MB 566 (2010 Appeal 566). 7 Ibid. 51 Taitokerau MB 285 [35] The test to ascertain whether the learned judge properly exercised his discretion whether to grant the injunction or not, is that which applies to permanent injunctions. [36] Mr Taylor

5. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...test for acting honestly was whether the trustees had acted as an honest person would have acted in the circumstances. According to re Grindey, Clews v Grindey reasonably means reasonably as a trustee. 12 [29] In Wong v Burt the Court of Appeal put it this way: 13 In our view, this is not a case where 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...

6. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

   ...21 days thereafter. 3. Any response by the Real Estate Agents Authority to the submissions of Mr Waymouth (but strictly in reply) are to be filed within a further seven days. [25] The Tribunal draws to the parties’ attention the right of appeal to the High Court contained in s 116 of the Real Estate Agents Act. DATED at AUCKLAND this 11th day of March 2013 ______________________________ Ms K Davenport Chairperson _____________________________ Ms N Dange...

7. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...… [but] not grudging”13 Orders in accordance with the usual practice of this Office when making orders to compensate for anxiety and stress caused by a failing in a practitioner’s conduct. Censure – s 156(1)(b) [32] The Court of Appeal discussed censure in the disciplinary context of s 156(1)(b) in New Zealand Law Society v B describing censure as a:14 … formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure … Is like...

8. VP v Canterbury Westland LCRO 323 / 2012 (22 May 2013) [pdf, 121 KB]

   ...perspective, a client, specifically one who is emotionally or financially vulnerable, might seek to initiate an intimate relationship with her or his lawyer for the purpose of gaining the lawyer’s favour and to try to persuade the lawyer to take an appeal against conviction and/or sentence against earlier advice not to... D. Mr VP’s conduct [22] In considering this issue, the Committee made several comments relevant to its position:9 46. At all material times, Ms [AK] presented...

9. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...measure that might be discovered in the future, while nevertheless accepting that at the present time the outlook for infected trees is bleak. Use of the Biosecurity Act [20] Councils in the upper North Island are faced with this issue. There is an appeal .on the subject against the proposed Thames-Coromandel district plan, which is part heard before the Environment Court. Other councils, such as Auckland, appear to be taking alternative approaches. We commend the Northland Regional...

10. BORA Social Security Amendment Bill [pdf, 272 KB]

    ...child. The Ministry of Social Development (MSD) has advised that the DPB rate is equivalent to the widow’s benefit. 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...