Search Results

1. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...April 2013, and I also gave leave for Mr Taueki to speak to an affidavit that he had prepared when the hearing took place in May 2013. It was clear to me that Mr Taueki is a passionate advocate for the restoration of Lake Horowhenua and for the protection of the surrounding land. He is deeply committed to this work. In pursuit of those onjectives he tends to take an uncompromising line against all who oppose him, whether they be fellow beneficial owners, trustees or third party user...

2. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...relevant. No adverse effect 2014 Chief Judge’s MB 625 [48] It was submitted by the respondents that the applicant has not been denied any access, nor has the applicant shown an adverse effect on the ability of Ngāti Awa to visit and care for those who are buried at Otara o Muturangi. There is therefore no adverse effect upon them. [49] The respondents submitted that the applicant is in fact relying on prejudice from historical loss of land and interests through Crown...

3. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...Agreement, we have not found any suggestion of wrongdoing. To the contrary, there is considerable detail of a difficult, protracted purchase.” [48] We can understand those views of Mr Findlay. [49] Ms Pender submits that equity has always offered protection to a party who performs obligations in good faith, believing that an agreement exists and that, under s.126 of the Act, recovery of a commission is not always dependent on an agency agreement. She puts it that, under the circums...

4. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

   ...submitted that the issue was whether the plaintiff had a duty to bargain about wages in order to act in good faith. He relied on s 3(a)(ii), (iii) and (iv) of the Act as a clear indication that it recognises the inequality of bargaining power and to protect the integrity of individual choice so that evidence touching on that choice is relevant. [16] Specifically, he relied on s 32(3)(d) of the Act describing good faith behaviour in collective bargaining, as including within relevan...

5. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

   ...proxies should be considered null and void. b) A meeting of owners be held al1l1ually, instead of every 5 years as is CUlTent practice. c) The trust was run but a clique of1l1lstees who acted unilaterally. d) The trustees were not acting with the care, diligence, prudence and good judgement expected of business people managing the affairs of others. e) Certain trustees disregard the requirement to act gratuitously and paid themselves from the trust fund. f) In the absence of...

6. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...the satisfaction of another. Indeed, in another time such conduct would be extremely rare if not unheard of in this context and might have provoked a more direct response. [19] However, the challenges continue to be made, and in order to protect the integrity as far as possible of the election process, some procedure and mechanism to deal with challenges will have to be considered. A crucial element of that procedure will be the requirement that individual beneficiaries comp...

7. Tareha v Pene - Waiohiki 1C1D (2020) 83 Takitimu MB 294 (83 TKT 294) [pdf, 258 KB]

   ...outlined several issues concerning tax liability. This too was the responsibility of Mr Pene. That the trust or the owners may now have incurred a liability that should have been dealt with previously is also inconsistent with Mr Pene’s duty to protect the assets of the trust. Me peia te kaitiaki mo tāna hē? - Ngā kōrero a te Kaitono Should the current trustee be removed for cause? – Applicant’s submissions [38] Mr Tareha submitted that Mr Pene needed to be held to account...

8. SN v D Ltd [2022] NZDT 168 (4 October 2022) [pdf, 283 KB]

   ...alive. Where the sensor was responding, as it did with an issue for the central locking of the driver’s door and the odometer having been tampered with, that result was noted. CI0301_CIV_DCDT_Order Page 6 36. Mr ON however, was very careful and balanced with his evidence. He willingly conceded evidence that he could not be sure of. For example, he confirmed the wear on the clutch was some evidence that the car had been driven further than the odometer had recorded, but he...

9. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   ...over the MRI images with Michelle and talked to her about discogenic pain, the natural history and the various treatments available. Michelle told me that she is significantly disabled by her pain and has reassured me that she has tried conservative care without success to date. [17] Dr Hill also referred the appellant to Mr Taha, a Dunedin neurosurgeon who saw the appellant on 17 July 2020. [18] In his report of the same day, Mr Taha said: She was leaning deep into a sink on 24 J...

10. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

    ...process. That required removing the bung from the drum of TEL/TML and inserting a pickup tube, checking that the TEL/TML had been extracted, and then closing the bung and returning the drum to storage. While performing that task, operators would wear protective white clothing and forced air respirators. [4] Mr Arndt smoked up to 20 cigarettes per day from his late teens until he was 40 years old. In the late 1980s and early 1990s, he developed squamous cell cancers, predominan...