Search Results

1. Takarangi v Owens - Hautu 2B1B2A No 3 - (2018) 383 Aotea MB 50 (383 AOT 50) [pdf, 371 KB]

   ...of interest of some $9,000. Once the results are known and notified to the Court then further directions will issue. The short point is that, in such circumstances, it is necessary that the current trustees and the Court ascertain and consider carefully the views of the owners before any final decisions as to the amount to distribute and the question of liability can be made. 9 Tupe Snr v Everton - Manunui No 1 4th Residue Ah...

2. Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) [pdf, 212 KB]

   ...injunction, applicants must also fulfil the legal elements relating to the action of trespass before the Court will exercise its jurisdiction to grant the remedy. These elements are set out below: The action for trespass to land is primarily intended to protect possessory rights, rather than rights of ownership. Accordingly, the person prima facie entitled to sue is the person who had possession of the land at the time of the trespass. Actual possession consists of two elements: th...

3. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

   ...appellant is on the Roll of barristers and solicitors in New Zealand. If he chooses to live in New Zealand, he is entitled to apply for a practising certificate. Whether or not a certificate is granted is another matter. [47] The Tribunal has carefully considered the appellant’s submissions but finds they do not address the pivotal issue of whether or not he is a fit and proper person to hold a practising certificate. [48] The Tribunal concludes that that there is no evidence th...

4. Takarangi - Hautu 2B1B2A No 3 (2017) 375 Aotea MB 42 (375 AOT 42) [pdf, 371 KB]

   ...could still negotiated with him. Mr Owen further stated that Mr Takarangi did not indicate to them that he did not want to sell the shares. [33] It is without controversy that trustees have a duty to act prudently. Trustees must exercise all care and diligence and skill that a prudent person in business would exercise in managing the affairs of other.11 No evidence has been produced that would justify keeping the funds on call account. It should have been clear to the trustees, at...

5. Proactive release of documents relating to the Government Response to Officers of Parliament Committee [pdf, 1.3 MB]

   ...sought that, as part of its review, Parliament consider whether any changes to the law or the Standing Orders or practices of the House relating to the removal of Officers of Parliament are necessary, to ensure that such Officers are afforded appropriate protections in the offices they hold. The report of the Officers of Parliament Committee on the Petition 11 On 26 June 2020, the Officers of Parliament Committee of the 52nd Parliament tabled its report on the Petition. The Committ...

6. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   ...that the Council is simply seeking compliance with the AUP(OP) and the prevention of further adverse effects.13 It is reasonably well settled that an undertaking as to damages may not be necessary in a situation where the applicant is:14 (a) Protecting public, rather than private, interests; (b) A consent authority is performing a regulatory role; or (c) Unquestionably financially capable of meeting any award of damages. I find that all three of the above grounds are applicabl...

7. [2021] NZACC 117 – Bell v ACC (3 August 2021) [pdf, 288 KB]

   ...the evidence that the appellant’s underlying health condition at the time of the treatment affected the outcome in any way. Furthermore, the operation undertaken appears to have been a reasonably common one rather than one that would require careful consideration of s 32(1)(c)(ii), namely the clinical knowledge relating to this particular operation at the time it was performed. ACR 41-20-Bell [63] Therefore, applying the test in Ng’s case, so far as the operating surgeon i...

8. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ...sensitivity effects to arise from odour in respect of potential future activities on neighbouring sites. The court’s findings regarding precedent arose in the context of those conclusions regarding reverse sensitivity; (d) Kombi’s proposal was carefully considered and supported by extensive expert evidence. While the court did not accept Kombi’s evidence on all matters, Kombi’s case did not lack an evidential basis; (e) Kombi did not conduct its case in an unreasonable m...

9. Kupa v Kupa - Lot 10H and 10I Pt Omahu 2C1C (2021) 92 Takitimu MB 247 (92 TKT 247) [pdf, 280 KB]

   ...status produces better prices, while often true, is no reason to change status. That would be the case on every proposal to alienate Māori land. If price were a valid argument, the effect would be to remove the interest of the wider kin group so carefully protected in the Act in the ordinary run of cases. What are the relevant facts? [28] The change of status application is made on the basis that the related partition application is granted. I therefore assess the change of statu...

10. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 1.4 MB]

    ...for? Criminal Family Legal Advice Service Provider Approval Level(s) (PAL) Mental Health Police Detention Legal Assistance Employment Advocate Duty Lawyer Waitangi Tribunal Parole Māori Land Court & Māori Appellate Court Civil Refugee & Protected Persons Family Court of Appeal & Supreme Court 12 If you’re applying for a Criminal approval, please name the Court cluster Courts and PAL level(s) you will cover within the cluster 13 If you’re applying for Police Detent...