Search Results

1. Ratima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) [pdf, 500 KB]

   ...Court. It is also important to underscore that, while the Court can grant such relief, that remedy will not be given lightly.17 [48] In Wong v Burt the Court of Appeal stated:18 In our view, this is not a case where the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjuctive. It was not merely unreasonable – it was downright foolish – to proceed to implement a scheme of this kind knowing that it could co...

2. LCRO 120/2017 ML v NM (19 March 2019) [pdf, 176 KB]

   ...and November 2015, Mr ML’s professional judgment was that Mr NM could not manage his own affairs. 6 [28] Mr ML refers to acts of Mr PO as attorney, and to [ON]’s refusal to resign as a trustee without proper measures being in place to protect it from adverse claims, which Mr NM did not offer to provide. There is no mention of any application having been made to the High Court in respect of the trust or its trustees. [29] The Committee considered the materials. It rejecte...

3. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

   ...that it could be argued that the major transaction threshold is not triggered. But to take that approach would seem to invite further challenge and, more importantly, continued division within the iwi. I encourage the Trust and NZTA to consider carefully whether the prudent approach in these circumstances is to seek iwi member approval of any arrangements agreed between them. It would seem that the cost of checking the pulse of the iwi on this significant issue would be relatively...

4. [2020] NZEmpC 110 Cowan v Kidd [pdf, 327 KB]

   ...entered into between Mr Kidd and Mr Cowan. That is particularly clear for the accommodation in the flat above Mr Kidd’s home, but I view the move to the cottage as on the same basis. 13 Wages Protection Act 1983, s 7. If Kidd Partnership has a claim, it would be in another jurisdiction. Question 4: Was Mr Cowan unjustifiably dismissed? [56] Having found Mr Cowan was employed on a casual basis, it follows that Kidd P...

5. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

   ...and the Act when allowing others to use or occupy the land. As set out above, cl 3(xi) gives the power to determine who can occupy land to the trustees. [31] That said, trustees are bound by the duties of that role. They must take sufficient care of trust assets and they cannot be seen to favour certain beneficiaries unduly over others; any decision they make in favour of one beneficiary must take into account the effects on other beneficiaries. In the present case the trustees we...

6. Tuson - Mangamuka West 3B2A Block (2019) 206 Taitokerau MB 130 (206 TTK 130) [pdf, 199 KB]

   ...engineers in their comparative analysis were concerned with cost there was sufficient to raise real concerns for the Court regarding Route C. It does now appear to be impractical and potentially unsafe given the amount of rock armouring needed to protect the river bank and road from inevitable changes in the river course. [47] Those opposed owners in Mangamuka 3F2C who offered alternatives to Route B have not produced any evidence from engineers to validate their proposed alternative...

7. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

   ...so, are there elements of duplication in the two charges? 5. Has Charge 3 been established to the requisite standard? 3 6. If not, has there been a breach of Rule 5.5 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) as to conflicting business interests, such as to establish unsatisfactory conduct? 7. Is the conduct alleged under the 2019 charge professional or personal? 8. If professional, was it disgraceful and dishonourable?...

8. Te Manutukutuku Issue 24-25 [pdf, 5.4 MB]

   ...taken up on the wings of the cool breeze Now that your spirit has ascended into the heavens. Ihowa Nga Mano Hoki atu ki te tuhonotanga 0 nga Wairua i roto i te Kingitanga 0 te Ariki Moe mail Moemai! Moe Mai! Go on, past Whitirea and Rehua to the care of God Almighty, Return to the union of souls in the Kingdom of the Lord. Sleep, sleep, oh sleep. THE WAITANGI TRIBUNAL, Sea bridge House, 110 Featherston Street, PO Box 5022, DX 8101, Wellington Tel (04) 499 3666 Fax (04) 499 3676...

9. CEIT Practice Notes 2022 [pdf, 460 KB]

   ...Using advocates Parties may have their case presented at conferences or hearings by anyone they choose. Such a person, referred to in these Practice Notes as an advocate, might be: an engineer, builder, lawyer, friend, family member, councillor or care-worker. There is no requirement that a party must use an advocate or that they use the same advocate on each occasion. An expert cannot act as both an expert witness and an advocate for a party in the same claim.14 If a party is using a...

10. NZCVS-Cycle-4-Core-Report-Appendix-1-Key-Findings-fin.pdf [pdf, 368 KB]

    ...the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo, or coat of arms in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. Use the wording “New Zealand Ministry of Justice” in your attribution. Do not use the New Zealand Ministry of Justice logo. If you have any feedback or questions about NZCVS results, please email us on nzcvs@justice....