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1. Joint Memorandum of Counsel in response to Court's Minute on Risks [pdf, 1.9 MB]

   ...2018 (the Court's Minute). The Court suggested the integration of Conditions 174 to 176A and Conditions 183H to J relating to emergency evacuation and event emergency management. 2. Panuku and the Council are grateful for the Court's careful consideration of the conditions and for raising these matters in advance of the hearing. Both parties consider that the two sets of conditions are intended to be distinct and it is their preference that they remain separate. Some cha...

2. LCRO 174/2014 VS v DH [pdf, 260 KB]

   ...which he did.7 Application for review [19] Mrs VS filed an application for review on 31 July 2014. She is concerned that beneficiaries who find themselves in circumstances similar to those experienced by Mr K, Mr M and Mrs EL are not legally protected, and could be “excluded from their legal inheritance”. [20] She considers that the way Mr DH administered Mrs TS’ estate led to the family dispute over occupancy of the [Town] land, which resulted in Mr K, Mr M and Mrs EL...

3. Evidence Brief: Prisoner Education and Employment [pdf, 548 KB]

   ...EDUCATION AND EMPLOYMENT REDUCE CRIME? Economic theories of crimexvii suggest that correctional education programmes can reduce reoffending by increasing skills and employabilityxviii. Having a job or skills that are valued by society are protective factors against committing crimexix. Social control theories of crime argue that any reduction in reoffending as a result of participation in correctional education happens because employment can function as an informal for...

4. 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...

5. 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...

6. 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...

7. [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...

8. 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...

9. 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...

10. 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?...