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1. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...relevant facts and evidence can be established before any further orders can be contemplated. He underscores that, having discovered the alleged misappropriation, the trustees have done everything in their power to act responsibly and swiftly to protect the interests of the trust’s beneficiaries. Counsel rejects the submission that the trustees ought to be removed from their positions immediately. [16] Mr Capper and his supporters demand the immediate removal of the trustees. He...

2. BM v CT [2024] NZDT 620 (10 July 2024) [pdf, 217 KB]

   ...sentence in which the signatory (BM) agrees to be guarantee payment if the client is a company (in this case J Ltd). This sentence is somewhat buried in the Client Information Sheet, and there must be a risk that a director will not have read the sheet carefully and may not be aware of what they have agreed to. Nevertheless, I 1 [2020] NZSC 118. CI0301_CIV_DCDT_Order Page 3 of 5 consider that the words in the Client Information Sheet are sufficient to meet the requirements of s...

3. [2025] NZEmpC 49 Matheson v Rainbow Confectionery Ltd [pdf, 212 KB]

   ...remaining factor to consider is the merits of the claim. This is a rare case of the sort discussed in Almond v Read where it is appropriate to attempt to weigh the merits of the potential claims.12 Obviously, such an assessment needs to be undertaken carefully and bearing in mind that at this stage it can only ever be an impression of the merits of the case. [42] There is a significant impediment to Ms Matheson’s case which indicates that her prospects of overturning the Authori...

4. 2013 archive

   ...Procedure Act implementation Legal Aid: Criminal Procedure Act 2011 consultation response on changes to the criminal fixed fees Pre-approved disbursements for criminal cases Temporary travel and parking disbursements for Upper Hutt and Feilding courts Protection of Personal and Property Rights Act 1988 Consultation response paper for new family legal support service The Ministry of Justice recently consulted on a new legal support service, which is being established as part of reforms to the f...

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5. RIA Terrorism Suppression Act part 1 [pdf, 949 KB]

   ...Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? The Government’s overall goal is to prevent terrorism and protect the safety of New Zealanders. In March 2019, there were mass shootings at two mosques in Christchurch. The risk of successful terrorist attacks presents a threat to peoples’ lives and wellbeing (public safety). Earlier intervention...

6. Joanne Barbara Noble - Evidence in Chief [pdf, 3.2 MB]

   ...decision-making on resource consents (and plan changes) in relation to land in the coastal environment and the coastal marine area, and include the natural heritage (NH) and iwi resource management (IW) policies. In general these policies relate to the protection of matters of national importance identified under s6 of the Act, and management of risks from coastal hazards. 22. Part Four contains activity based policies and rules that reflect the restrictions on use of the coastal ma...

7. [2023] NZEnvC 079 Royal Forest and Bird Protection Society of New Zealand Incorporated v Dunedin City Council [pdf, 456 KB]

   ...AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 79 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14(1) of the First Schedule of the Act in relation to the Dunedin City District Plan BETWEEN ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2018-CHC-287) Appellant AND DUNEDIN CITY COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner C Wilkinson Environment Commissioner M Mabin Hearing...

8. Hull v CAC307 & Anor [2016] NZREADT 13 [pdf, 208 KB]

   ...DECISION OF THE TRIBUNAL Introduction [1] This appeal is about a real estate agent deleting an addition to a transaction document when that addition had been added by a vendor’s solicitor for the protection of that vendor. However, on careful analysis, we do not think the complaint can be sustained in the particular facts of this case. [2] On 31 July 2014 Mr Shane Herbert (“the complainant and lawyer for vendor”) complained to the Real Estate Agents Authority against Gr

9. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...Trust Account Regulations. [20] I refer to the content of the Standards Committee determination where necessary subsequently, but record here the Committee’s comments with regard to Mr IV’s authority to deduct fees from Estate funds: 1.3 Having carefully considered the matter the Committee is of the view that Mr IV, as Mrs CC’s lawful attorney, is able to have an implied right to charge her for his services imported into the power of attorney documents. 1.4 Lawyers normally ch...

10. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

    ...the strike out application. Mr Calver submits that taking into account ss 222, 237 and 240 of the Act, and in light of the principles, the trustees have failed in their fiduciary duties and in their duty to exercise their discretionary powers carefully, properly and reasonably. The trustees, he argues, have failed to carry out their duties satisfactorily in a number of respects, as detailed in Mr Karena’s affidavit. In particular, the trustees have done virtually nothing to mai