Search Results

1. Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46) [pdf, 121 KB]

   ...issue the Mareva injunction sought on behalf of the Parengarenga 3G Trust but needed further details before doing so. I now set out my reasons for granting the injunction and the terms of that injunction. [2] I had hoped to have further information from Kiwibank so as to be more particular in the orders. At the time of issuing this decision that information is not to hand. Nevertheless, orders can be issued based on what is known. [3] Mr Andrew, for the applicant, made an ora...

2. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...memorandum 2 which identified that the trustees were to prepare a plan/diagram locating all buildings on the Trust’s land, and to file a copy with the Court and send a copy to Mrs Lomas. Mrs Lomas was then to consult Mr Matatahi George – a former employee of the Court with knowledge of the land who has since died – concerning whether the baches were on the Trust’s land. Judge Spencer also noted that if Mrs Lomas considered that there was an error in the Court’s record...

3. Rautangata v Rautangata - Opuatia No 6D No 2D Block (2011) 27 Waikato Maniapoto MB 252 (27 WMN 252) [pdf, 137 KB]

   ...History [5] The applicant filed this application on 24 March 2009 but the substantive hearing was delayed until 8 April 2011. The reason for the delay was that Mr Wagstaff also applied pursuant to s 18(1)(d) of Te Ture Whenua Māori Act 1993 claiming damages in tort or contract on the grounds that Mr Wagstaff had advanced significant sums of money to Doug to purchase the shares in the block and to build the house. The Court considered it practical to try and hear the applications...

4. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...as there would have been serious questions of confidentiality. His view was that if he had entered into an agency agreement, the arrangement would have become common knowledge within the Colliers office. In his view, this could have led to the information being passed to Foodstuffs’ competitors as Colliers also had a relationship with Progressive Enterprises. Further, he was concerned that seeking to have an agreement signed could be seen in the wrong way and as being disrespectful o...

5. LCRO 33/2015 HS v Area Standards Committee [pdf, 193 KB]

   ...[22] He said further: 2. Paragraph 30 [of the complaints decision] makes the affirmative statement my conduct was “reprehensible” through “obsessive repetitious allegations, complaints and threats of complaints…. A view has already been formed. 3. Paragraph 31 asserts my submissions [about Mr M and the partners are] a “scurrilous attack without any apparent justification of any kind”. 4. At paragraph 33 the committee asserts “the continuing plethora of unjustified and b...

6. Canterbury Westland Standards Committee 2 v Withers [2013] NZLCDT 54 [pdf, 242 KB]

   ...proposals do not go far in ensuring protection of the public interest. [25] We note also that many of the arrangements proposed would only be operative if Mr Withers understood that there was a situation where he should involve others, and then requested that involvement. [26] We do not accept that in the circumstances of these charges the arrangements proposed by Mr Withers give any surety that the public interest would be protected. The Tribunal considers that removal f...

7. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

   ...142 Waiariki MB 282 Introduction [1] I heard this matter finally on Wednesday 8 June 2016 and indicated that I hoped to complete a decision within a week and then reconvene the Court to inform the parties of my decision. 1 I have decided however to simply complete the decision and then have the Deputy Registrar provide the decision to all interested parties. [2] The Court has before it an application to rehear two applica

8. Nicholas v Te Amo - Te Whaiti-Nui-A-Toi Block [2021] 2021 Maori Appellate Court MB 273 (2021 APPEAL 273) [pdf, 274 KB]

   ...to Phyllis’ occupation of the land, they did not have the authority to grant such consent, as at the relevant time that authority sat with the Ministry of Forestry as the lessee of the land. Therefore, it is not reasonable for Phyllis to have formed an expectation that the trustees would allow her to occupy the land over and above what was provided for in the Ministry of Forestry licence to occupy. (iii) The right of occupation was settled when a licence was granted by the Minist...

9. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...“Starting Step Policy” operated by MIT applied to all employees regardless of union membership. [15] Mr Oldfield also submits MIT has not yet disclosed a “Starting Step Policy”. In the originating notice requiring disclosure, policies were requested. Ms Pene has annexed to her affidavit copies of all documents disclosed, which includes five policies. None of these are described as a “Starting Step Policy”. Until now, no assertion of incomplete disclosure of this ca...

10. Taia v Taia – Taia Whānau Trust (2015) 132 Waiariki MB 146 (132 WAR 146) [pdf, 217 KB]

    ...and emails and any enquiries that I need from the accountant and that is all that matters. [44] I also find that Tania and Coraglen have failed to keep and render accounts and to provide information. I accept Kiritana’s evidence that she has requested information concerning the trust, including financial records, but has not been provided with it. Despite being directed to do so, Tania and Coraglen have not filed any receipts, invoices or any other evidence proving the expenditu...