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1. Wray v Heath - Ongaonga No 1G Sec 2 (2022) 247 Waikato Maniapoto 250 (247 WMN 250) [pdf, 222 KB]

   ...member of the trust. However, they clearly had a change of heart by the time the application was filed in early 2022. The critical factor for the Court is whether they consent to being appointed, and this was clarified with the trustee consent forms filed with the Court. [25] Ultimately the blurred lines, misunderstanding of the law, and the lack of process led to the relationship breakdown. In my view these were collective issues, with equal culpability. [26] The fundamen...

2. Auckland Standards Committee 5 v Nicholls [2024] NZLCDT 11 (26 April 2024) [pdf, 87 KB]

   ...would appear that the source of the funds was not the IBD account but rather from other client funds held in Mr Nicholls’ trust account. Between December and late January, at which time Mr and Ms V engaged a new lawyer, the clients made several requests for further payments. Having regard to the authorised payments, the balance of funds held for Mr and Ms V as at 26 January 2024 should have been $328,077.50 before any interest, taxes or fees were accounted for. As at 31 January...

3. [2023] NZEnvC 197 HPC Plumbing & Gas Lmited v Auckland Council [pdf, 265 KB]

   ...discussions with HPC and attempts to negotiate before the abatement notice was issued; (b) HPC went straight to the appeal process when it could have suggested mediation outside the court process; (c) although it accepts that HPC’s counsel requested further information, that focused upon the abatement notice being cancelled. There appeared to be no movement to resolve the issues and activity that led to the abatement notice being issued; and (d) the Council did not oppose t...

4. Te Whiu v Taituha - Te Tii A Māori Reservation (2024) 278 Taitokerau MB 82 (278 TTK 82) [pdf, 216 KB]

   ...advising that she was going to instruct counsel. She sought an extension to file her submissions through counsel. Mr Taituha opposed the extension. [5] Unfortunately, the staff member responsible for managing this application left her role and the request for an extension was not referred to me. A new case manager was not 1 Ms Te Whiu’s application was filed per ss 19 and 240 of the Act. However, the substance of the application is clear that she is seeking a removal order no...

5. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   ...Court Judge may conduct an inquiry alone by agreement.5 [12] The Court has read and considered the joint memorandum of counsel. [13] The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting orders; and (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction and conform to the relevant requirements and objectives of the Act. [14] The Terms o...

6. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...show that Te Aute took this to be the case. 14 ROA, Submissions for the Appellant, Bundle of Documents at p 93. Maori Appellate Court MB 114 [27] The agreement outlined in paragraph [23] formed the basis for the application for the variation of the orders relating to the trusts. The outcome of that application is mentioned in paragraph [2] of this decision. Mäori Land Court decision [28] Judge Coxhead summarised t...

7. Emmerson - Succession to Beatrice Annie Loper [2020] Chief Judges MB 692 (2020 CJ 692) [pdf, 402 KB]

   ...Sec 7 and Rowallan Blk II Section 7. 23. Ashton Wheelans Accountants is the administrator for the Kapunatiki MR 905 Sections 16 and 17 Block. 24. On 13 February 2017 an email was sent to both the Māori Trustee and Ashton Wheelans Accountants requesting owner’s details and if any payments had been made to those owners. 25. An email was received from Ashton Wheelans who provided the Court with the following information set out in the table below: Shareholder Shareholder Number...

8. [2021 NZACC 148 – Sherborne v ACC (30 September 2021) [pdf, 389 KB]

   ...his 18 May 2016 letter to Dr Pearce GP that the VS is “small” with reference to the “cerebellar pontine angle size”. He said he had discussed the 3 treatment options with Ms Sherborne who was “somewhat inclined” towards surgery. He requested a repeat MRI scan. [27] In a subsequent letter dated 3 June 2016 to Dr Pearce, Associate Professor Dawes stated that the tumour had “increased in size” and given Ms Sherborne’s age, surgical excision was appropriate with refe...

9. 2017 NZSSAA 062 (20 October 2017) [pdf, 307 KB]

   ...was born this year—outside of the relevant period. Mr Z and Ms XXXX have been friends since they were teenagers and continue to be part of the same social group. [3] As part of regular reviews of her benefit entitlement Ms XXXX completed forms, annually until June 2014, declaring that she was single and not receiving any financial support or income from any source. On 18 June 2014 the Ministry suspended Ms XXXX’s accommodation supplement and temporary additional support...

10. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

    ...misleading behaviour; and 11 (e) a breach of the code of conduct. [52] The Tribunal hears those complaints which the Registrar decides to refer to the Tribunal.1 [53] The Tribunal must hear complaints on the papers, but may in its discretion request further information or any person to appear before the Tribunal.2 It has been established to deal relatively summarily with complaints referred to it.3 [54] After hearing a complaint, the Tribunal may dismiss it, uphold it but ta...