Search Results

1. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...evidence will be called on these topics by Wednesday 15 March 2017. If the applicant does not call further evidence, and the evidence is material to the outcome, this can be the subject matter of a submission. Wind record [12] The parties have requested the applicant's wind record. They say the record is needed to SUbstantiate the applicant's claims as to the profitability of the enterprise and in turn whether the Trust will be in a position to give funding of up to $100,0...

2. Trustees of Tuaropaki Trust - Tuaropaki E (2002) 77 Taupō MB 25 (77 TPO 25) [pdf, 340 KB]

   ...also evident that the trustees do in fact playa key role in administering this land through not only their general obligations, but also in terms of their particular "portfolio" responsibilities in business development, education, Treaty claims, marae activities and shareholder services. In addition to their duties in managing Tuaropaki E, these trustees also have the added and arguably more onerous responsibility, as mentioned, of in effect overseeing the activities of the Com...

3. Mason - Tukehu Miriama Whānau Trust (2008) 133 Otorohanga MB 141 (133 OT 141) [pdf, 494 KB]

   ...attend this meeting. The applicants believed that James Jnr had enough notice that the existing trust was to be tenninated. The applicants queried why, if the preservation of tipuna land was paramount to James Snr and his son, as the respondents claimed, James Snr's shares were not transferred into the existing Trust when it was formed in 1997. The applicants believe that it is only the present application that prompted James Snr to consider transferring his interests into the...

4. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

   ...Ms Lowe listed her property at Glendene for sale with Mr Drever in August 2013. As was the case in the two transactions referred to above, he did not provide her with a written appraisal, the REAA Guides, or a marketing plan. Despite repeated requests, he did not provide Ms Lowe with a copy of the signed listing agreement. Ms Lowe cancelled her listing with Mr Drever in late September 2013, after she learned that he should have provided her with the REAA Guides. Previous discipli...

5. General and Waikato Bay of Plenty Standards Committees v McGuire [2023] NZLCDT 16 (4 May 2023) [pdf, 161 KB]

   ...[30] The practitioner refused to pay the second compensation order and following an own motion investigation by the Standards Committee in relation to non-payment of the second compensation order, the matter was referred to this Tribunal and forms the substance of charge 012/22. [31] Mr McGuire admits he did not pay the second compensation order and still appears to dispute the fact that Mr B was entitled to receive the funds paid into court in respect of the first compensatio...

6. Central Standards Committee 3 v Bailey [2023] NZLCDT 53 (5 December 2023) [pdf, 191 KB]

   ...restricted to limited circumstances. The rules permit acting for more than one client in a matter only where the risk (that the lawyer may be unable to discharge the obligations owed to one or more of the clients) is negligible, and where the informed consent of all parties is obtained. The threshold above which the prohibition in rule 6.1 applies is “a more than negligible risk”. That threshold is very low2. In most cases where there is a risk of conflict, the lawyer must not a...

7. Vosper and Vopser Ltd v CAC 402 & Biddle [2016] NZREADT 60 [pdf, 194 KB]

   ...garage. In order to preserve the sale, the vendors agreed to the boundary being moved. [16] In January 2014 Mr Biddle put in concrete footings for the block wall alongside the garage. The vendors did not object to this, because Mr Biddle’s request to move the boundary had been accepted. However, Kirk Vosper was concerned at Mr Biddle’s ongoing delay in obtaining resource consent. He contacted the Tauranga City Council and learned that while Mr Biddle had applied for a buildi...

8. BORA Education Pastoral Care Amendment Bill [pdf, 218 KB]

   ...Explanatory note General policy statement [MOE to provide] Departmental disclosure statement The Ministry of Education is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at [PPU to insert URL and link] (if it has been provided for publication). Or [C...

9. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...injury to that land. On that basis, the 2004 injunction application was dismissed. [7] On 1 July 2009, Judge Coxhead heard an application filed by Mr George Sullivan, a trustee of the Tataraakina Trust at the time. Of his own accord, Mr Baker requested his affidavit be added to the application. At its heart, this application was another attempt to stop a proposed aerial operation to drop 1080 over the block, with Mr Sullivan seeking to overturn the Trust’s decision to authorise t...

10. [2024] NZSSAA 05 (23 April 2024) [pdf, 187 KB]

    ...transcends the law. 20. It is also submitted that the contract principle of force majeure, which removes liability when unforeseeable and unavoidable catastrophes, such as war, interrupt the expected course of events, is applicable. 21. XXXX requests that the direct deduction of her Russian pension is suspended while payment of her Russian pension is suspended. 22. XXXX’s submissions express her willingness to refund the New Zealand Government any Russian pension payment sub...