Search Results

1. Kereopa v Gray – Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) [pdf, 233 KB]

   ...Trustees’ submissions [17] In response to the application, the trustees submitted that they had so far not convened a special general meeting as they had difficulty understanding the reason for the meeting, and did not consider the owners’ requests met the criteria contained in the trust order. They submitted that initially they met with Mrs Kereopa to clarify what her concerns were but matters were not resolved before an application was filed with the Court. The trustees note...

2. ANDERSON Neville Ian (CSU-2014-DUN-000365) [pdf, 142 KB]

   ...affected the quad bike’s ability to safely negotiate a turn. Was the terrain and route suitable for quad bike use? [16] The Cullen Farm is comprised of 1587 hectares of mainly rolling hills terrain. Mr Altenburg advised that quad bikes are the main form of transport on the farm. [17] The area of Gillanders Block where Mr Anderson was found is a steep grass paddock. Constable Hutton who attended the scene estimated the slope gradient to be 23 degrees. The weather conditions at the t...

3. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...ordered that this block be vested in the Marangairoa Trust as trustee under section 439(7)/53 to hold and administer the land for the beneficiaries of the reservation. This block is not the subject of an application pending before this Court but rather forms part of the background to the current application. The matter came before the Court again on 2 September 1996 at 45 Rua 196-197. By this time Mr Bristowe was deceased. A hui-a-iwi had been called for Te Whanau a Ruataupare, Te Whana...

4. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

   ...that the work just described is real estate agency work, and is the work required for an appraisal. Accordingly, he submitted, the affidavits must be seen as appraisals, albeit defective in that they do not comply with rr 10.2 to 10.4 (as to the form and content of appraisals). [21] Mr Kooiman further submitted that the Committee reached its conclusion that the licensees were not carrying out real estate agency work without having any evidence of what preliminary work the licensees...

5. [2020] NZEmpC 64 Max Pennington Motors Ltd v A Labour Inspector [pdf, 253 KB]

   ...employees are not financially disadvantaged). The policy intent for the average daily pay calculation is that the method for calculating this average daily rate is simple to apply and does not create financial incentives for employers or employees to request, refuse, or require leave to be taken at any particular time or times. Average daily pay replaces the current 4 week averaging formula provided in section 9(3) of the principal Act. When calculating payment for leave, employe...

6. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...defendant had a balance of $15,730.60 in the account into which rental payments were paid. We were provided with bank statements in that respect. [14] It is submitted that, in a situation where clients sought payment of monies owing to them, and those requests were ignored, the defendant’s conduct goes further than business incompetence as claimed by him. [15] It is also submitted for the prosecution that the money owed to the complainants was deliberately retained by the defenda...

7. Tamati – Whareongaonga 6 Block (2012) 27 Tairāwhiti MB 194 (27 TRW 194) [pdf, 124 KB]

   ...taking out the former Whareongaonga C12/5D2A Block and re-establishing the Whareongaonga C12/5D2A block in the name of Waiti Pohatu, which will need to be surveyed and access provided by way of a roadway order. 5 [7] Deputy Chief Judge Smith then requested from the Registrar Māori Land Court Gisborne the location of the “disputed land on the plan and the proposed access way and at the same time endeavour to obtain the appropriate cost of any survey required”. 6 [8] The Reg...

8. UW v NG LCRO 152/2012 (27 October 2015) [pdf, 53 KB]

   ...was no evidence that the practitioner had done anything wrong”.9 Review [18] A review hearing took place in [City] on 13 October 2015. Ms UW attended from [Country] by telephone and Mr NG attended in person. Prior to the hearing, I had requested, received and reviewed Mr NG’s file. The file has been established in the name of Mr and Mrs AB. [19] In a letter dated 14 November 2012 I had advised the parties, (primarily Ms UW) that I would find it helpful if Mr and Mrs AB...

9. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

   ...and peaceful picketing was proposed. A form of order was advanced which, she submitted, was intended to ensure that there would be no picket line which it would be necessary for LPC employees to cross, when entering or leaving the Port. At my request, evidence was obtained in the course of the hearing as to the precise location at which it was proposed the picket would be undertaken. It is on the corner of Donald Street and State Highway 74, Lyttelton, which persons or vehicles e...

10. Rickard - Te Araroa Māori Township Sections 14, 15, 23 (2001) 61 Ruatōria MB 245 (61 RUA 245) [pdf, 462 KB]

    ...Mr Paenga for the Maori Trustee (the responsible trustee) expressed concerns regarding the valuation report produced by the applicant and the Trust and asked to be able to put questions to the valuer. Due to the objection from Mr Poi and the valid request from the Maori Trustee's Office for further information, the matter was adjourned. Mr Sruce Cowper, the valuer, was asked to attend the next sitting of the Maori Land Court. The matter came before the Court again on 6 March 2001 (...