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1. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...244 applies in this case. They submit that there is no such obligation at common law. 9 The respondents assert there is no requirement to consult under the trust order. They acknowledge Judge Harvey‘s comments that ―a wise trustee will take careful account of what owners have to say, particularly where that owner‘s opinion is in the majority‖ 10 however they also point out, as His Honour noted, ―owners also have some responsibility‖. 11 They submit that there is no...

2. ENV-2015-AKL-000190 The National Trading Company of New Zealand Limited v Auckland Council (Earthworks) [pdf, 1.6 MB]

   ...within 50m of the edge of the notation in the planning maps. That would affect all earthworks in a circular area with a diameter of 300m. (ii) It is neither effective nor efficient to require consent when the sites or places of concern are not carefully identified and their value is unclear. For proposals affected by the rule consultation with iwi will be required and additional time and cost imposed on an applicant. (iii) NTC is concerned that the proposed notations have not been...

3. [2017] NZEnvC 183 Doctors Flat Vineyard Ltd Rubicon Hall Road Ltd v Central Otago District Council [pdf, 4.2 MB]

   ...soils which we shall deal with later. [59] Mr Murray suggests that this would result in a positive gain of open space.31 In other words any reduction in open space caused by residential dwellings on the rurally zoned land would be offset by the protection of open space on the residentially zoned land that is to remain planted in vines that could otherwise contain residential dwellings. In effect the area available for open space could be regard as doubled.32 [60] Mr Davies gave ev...

4. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

   ...these international obligations, the Government has created a Plan of Action Against Forced Labour, People Trafficking and Slavery, which is in effect from 2020 to 2025, the goal of which is to guide an all of government response in prevention, protection, and enforcement in respect of slavery and worker exploitation.16 The most serious forms of exploitation are regulated. The Crimes Act 1961 makes it a crime to deal in slaves or people under 18 for sexual exploitation, body parts...

5. ENVC Hearing 6Oct14 DM Piritahi Kathryn Ngapo [pdf, 191 KB]

   ...because Waiheke is my turangawaewae and I feel the responsibility of kaitiakitanga for this place, which also has formed me. 4. I am a teacher by profession and I relieve or take temporary contracts when I am able, as I have been responsible for the care of family members including my mother Minnie, who has dementia, since 2000. I have contributed to the Waiheke Community through my 10 year involvement with Playcentre (1982 -92), as a committee member of the Waiheke Credit Union (...

6. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...fixed by s 40(1) of the Privacy Act 1993 and thereby interfered with his privacy. The relief sought in the statement of claim is: (a) Internet, telephone and travel costs of approximately $100. 2 (b) $2,000 for “the interference with the care of my child”. (c) $5,000 for humiliation, loss of dignity and injury to feelings. [2] While some documents containing personal information were provided by the Board almost immediately, the Board admits that certain documents were not...

7. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...in section 137 were intended for exceptional instances where orthodox voting requirements were ilnpossible to entertain, at page 266: "Section 137 is very clearly an exceptions process. It is designed to allow trustees to avoid the usual protections against absolute alienation. It allows them to avoid both the spirit and intent of the Preamble to the Act and s2(2}. It is drafted in precise and narrow terms for that reason. It is to be applied only where there is a ~ Minute B...

8. [2020] NZREADT 38 - Barfoot v Real Estate Agents Authority (26 August 2020) [pdf, 285 KB]

   ...as he accepts through his counsel Mr Rea, responsible for supervision of Ms Feng and Mr Dunne under section 50 of the Act. [3] Ms Feng and Mr Dunne were found to have breached various of the Real Estate Agents (Professional Conduct and Client Care) Rules 2012 (“the Rules”). The matter was the subject of a complaint that was made in regard to Mr Dunne following errors being made in the description of a residential property which he was marketing. The errors related to the des...

9. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...breaches of the Licensed Immigration Advisers Code of Conduct 2010 (the Code). [3] Ms Mackintosh explains her circumstances at the time, but admits her misconduct. BACKGROUND [4] Ms Mackintosh, a licensed immigration adviser, is a director of Care Immigration Ltd, of Auckland. [5] The complainant is a national of India. She arrived in New Zealand in about March 2015 and at various times held student, work search and graduate work experience visas. She had a Bachelor of...

10. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [pdf, 531 KB]

    ...secured against her Tolhurst Road property; (c) On the subdivision of Rosetta Road; (d) The transfer of that property to the trust; (e) The process of her becoming a trustee of the trust. [31] The respondent admitted that he had an obligation to protect Ms B’s interest in respect of those matters. It is clear that she was not given independent advice about any of the relevant issues at the time. [32] The respondent explained that (with the exception of the Rosetta Road pro...