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1. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   ...him, he would be irritated. [51] As well, time better spent elsewhere is then devoted to challenging the demand. [52] Equally, I accept that Mr MD quite reasonably believed that he could rely on the accuracy of his client. Mr S is obviously a careful and experienced businessman with emphasis on financial management. [53] I do not for one moment think that the February 2018 error was anything more than that: an oversight. [54] There is merit in the suggestion that when a default i...

2. Ohinemango Lands Trust v Waikawa Lands Trust - Waikawa-Pahaoa 1B & 1C 2C 1B (aggregated) (2019) 223 Waiariki 78 (223 WAR 78) [pdf, 343 KB]

   ...that remains the case, I do not consider that an order under s 18(1)(a) declaring any equitable interest that the successors of Mrs Ormsby might have in the joint tenancy, would offend the provisions of s 77 of the Act. The Court must of course be careful that any such determination does not seek to annul, quash, declare or hold that the 1992 order is invalid. [34] I now consider the law on strike out. This was summarised by this Court in Taueki v Horowhenua Sailing Club Ltd:9 [2...

3. L v EQC [2021] CEIT-2019-0036 [pdf, 298 KB]

   ...the WHT’s jurisdiction, and compiles the defects, relevant dates and likely liable parties. It provides the WHT member with key information to consider a strike out or removal application. In this Tribunal there is no such report. Therefore, care must be taken when seeking analogies between the jurisdictions. [30] Having reviewed the authorities, I conclude the following: (a) When removal of a party or parties has the effect of striking out a claim the key question is whether t...

4. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

   ...lower quadrant imaged in two orthogonal planes and marked for drainage. The distance from the skin to the parietal peritoneum is 1.3 cm and from the skin to the midpoint of the collection is 3 cm. A clear dressing was placed over the marking to protect it during transit to the ward. [28] On 24 January 2021, Mrs Moloney died from metastatic colorectal cancer. [29] On 9 February 2022, an advice of accidental death claim form ACC21 was submitted to the Corporation. This included a...

5. [2015] NZEmpC 114 TGP v TFE and SDI and TDI [pdf, 154 KB]

   ...application in this case, while needing consideration, is not necessarily conclusive. 8 The Court is still required to consider the wider public interest issues. For this reason judgment was reserved; the plaintiff’s position in the meantime protected by the extension of the interim order initially made by Chief Judge Colgan in his interlocutory judgment. The Authority’s determinations [9] Before considering the facts specifically relating to the plaintiff in this case th...

6. Koia – Estate of Hoani Tau Takahi (2015) 133 Waiariki MB 273 (133 WAR 273) [pdf, 194 KB]

   ...of critical elements including (but not limited to) the adoption in accordance with tikanga at an early age; the acceptance of the whāngai child by the parents, siblings and natural children of the whāngai parent where applicable; the orthodox care and protection responsibilities of the parent to the whāngai over a number of years; and ideally some form of blood relationship. It is also understood that while not all hapū adhere to identical customs, there are some invariable aspe...

7. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

   ...[12] Paragraph [146] and following in my principal decision read as follows: 3 [146] Section 227 of the Act enables trustees to make decisions and execute documents by majority. 4 Mrs Fenwick and Mr Eru could have availed themselves of that protection and declined to sign the TPA and related agreements and absented themselves from the trustees’ and owners’ meetings when this issue was discussed. That would have confirmed their distance from the decision making process. The...

8. CAC 10054 v Subritzky [2012] NZREADT 20 [pdf, 122 KB]

   ...industry into disrepute and which, for that reason, agents of good standing or reasonable members of the public would consider to be disgraceful. It is noted that both the former REINZ Rules (rule 13.1) and the current Professional Conduct and Client Care Rules 2009 (rule 6.3) contain provision for proper conduct so as not to bring the industry into disrepute. [17] We have recognised that s.73(a) may apply to conduct by a real estate agent outside of real estate agency work. In CA...

9. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...to comment on what consequences, if any should follow. [8] This decision addresses the parties’ submissions, sets out the orders made under s 156 of the Act, and imposes costs on review pursuant to s 210 of the Act. [9] There is no public protection reason that could support identifying either lawyer through publication. However, because many lawyers routinely instruct third parties, a direction is made pursuant to s 206(4) that publication of the decision and this decision...

10. BORA Immigration (Mass Arrivals) Amendment Bill [pdf, 335 KB]

    ...the Act (limits on judicial review) and replaces it with several additional subsections that limit the availability of judicial review. New subsection (1A) provides that no review proceedings may be brought in any court unless the Immigration and Protection Tribunal has issued its final determination. New subsection (1B) provides that review proceedings can only be brought with the leave of the High Court or the Court of Appeal. 27. We understand that the purpose of the new provisions is...