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1. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...Whenua Māori Act 1993, a number of which have been raised by the applicant. These will be considered later in this decision. However in general terms, and at this point of the decision, it should be stated that the title remains intact and all the protections of indefeasibility lie with Nigel Baker as the registered proprietor. [12] The principle of indefeasibility recognises and protects the registered proprietor against claims of competing ownership or possession, against encumb...

2. Recording Industry Association of New Zealand v Telecom NZ 3663 [2013] NZCOP 7 [pdf, 59 KB]

   ...the information in the IPAP notices might have been set forth in a clearer manner, the Tribunal accepts that the relevant instances of copyright infringement involving file sharing are identified sufficiently. [16] The Tribunal has considered carefully the matters addressed in the account holder’s challenge notice and submissions in the email of 24 January 2013. The Tribunal does not consider these matters to preclude reliance on the statutory presumptions in s 122N. The account h...

3. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

   ...principles but an order for striking off and the determination of being a fit and proper person to practise depends on honesty, knowledge and ability. A striking off order, although obviously a punishment, has primarily a different function, namely protection of the public and in its broader sense, the profession.” [31] The practitioner’s family have suffered as a result of his inability to work as a lawyer and undoubtedly will continue to suffer financial loss if he is unable to wo...

4. Briefing for incoming Minister 2017 - Vote Treaty Negotiations [pdf, 929 KB]

   ...under the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act), decides which Minister has primary responsibility for administering the Act. This briefing is drafted on the basis that this delegation will continue. The Act was enacted to protect the interests of all New Zealanders in the common marine and coastal area. The Act recognises the mana tuku iho exercised in this area by iwi, hapū and whānau as tangata whenua and provides for the legal expression of customary interes...

5. [2016] NZSSAA 084 (29 August 2016) [pdf, 139 KB]

   ...children. They had not reconciled. The appellant said, on the one hand she permitted him to stay because she wanted her children to have a relationship with their father. On the other hand, she said she was not happy about him staying as she was scared of him. She went so far as to suggest that she often asked her husband to leave, in fact almost as often as every week, but he always had an excuse for not leaving and she eventually gave up asking. [10] The financial arrangemen...

6. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...was the counter-foil to the closed bundle. Read together, the open and closed versions of the documents allowed ready verification of what had been withheld. [27] The Tribunal acknowledges the assistance it has received from both parties by the careful preparation of the documentary evidence. The presentation of the ACC closed bundle was exceptional in both layout and presentation. [28] Before making our findings on the open and closed evidence it is necessary to first identify the...

7. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...occurring above 500 feet, including: (i) Cumulatively with the effects of other existing or permitted helicopter activities above 500 feet? And (ii) Having regard to the objectives and policies of the relevant plan including those that seek to protect and maintain rural amenity. Submissions on behalf of the appellant (5] In a nutshell, the preliminary legal issue determines whether the effect of noise from a helicopter flying overhead above 500 feet (ft) is amenable to control u...

8. Brill v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 28 [pdf, 237 KB]

   ...of $7,000, and it reached the decision to impose that fine after balancing the mitigating factors advanced by the appellant against the serious nature of the conduct. He further submitted that the fine imposed is in accordance with both public protection and maintenance of proper standards, and entirely in accord with the established approach to penalty decisions. [24] Mr Mortimer further submitted that the penalty was not inconsistent with other penalty decisions, and was at an ap...

9. Te Manutukutuku Issue 31 [pdf, 5.3 MB]

   ...Land Court, form a new arm of government - the Department for Courts. The other managers in the Division have joined me in taking a positive view of the change. It's an opportunity to sharpen our responsibilities and plan workloads more carefully. But for claimants and other 'clients ' with whom we have regular contact, it will be business as usual. As always we extend a warm invitation to claimants to drop in and see us, perhaps even use some of our facilities,...

10. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

    ...grade. borer typically wont live in white oak lumber because it is too dry…it is possible that the timber picked up some moisture? in NZ we do see borer attack occasionally in sapwood in white oak in use, but rare and usually when not coated and or protected…coat with boracure and or white spirits, and leave to dry out and then use.” 6. On the same day, Mr NW of UT/HU also emailed DH about the photographs and asked how many metres were being rejected so that a credit could be gi...