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1. Rudd - Horowhenua 11 Part Reservation Trust (2017) 372 Aotea MB 171 (372 AOT 171) [pdf, 209 KB]

   ...Warrington’s position as a trustee. Some further comments on the Trust Deed [10] I acknowledge that conflict issues are often difficult questions for trustees to resolve. In my provisional determination I made a number of observations with respect to clause 11.1 of the trust deed which defines the circumstances in which a trustee would be interested in a matter and required to disclose that interest to the other trustees. Clause 11.1(e) which provides a trustee will be intere...

2. LCRO 180/2022 HB v UC and JW (26 November 2024) [pdf, 216 KB]

   ...vendors warrant to transfer the Master Builders Warranty on the property to the purchaser on or before settlement date.” 2 [4] Mr HB had been dealing with Ms AN, a staff solicitor in the firm ([Law Firm A), and the agreement was sent to her. [5] Ms AN settled the purchase without checking to ensure the vendor had complied with the warranty. [6] In July 2021, Mr HB entered into a contract to sell the property and represented to the purchaser that the property was covered by a...

3. Henderson v Brooking - Wharekahika A47 [2023] Māori Appellate Court MB 17 (2023 APPEAL 17) [pdf, 335 KB]

   ...grounds to remove Apirana Henderson as a trustee? Te take tuatahi: Ka whakamanahia te utu o ngā kaitarati e te ōta tarati? Issue 1: Does the trust order for the trust authorise payments to the trustees? [7] Apirana Henderson relies on three clauses in the trust order to say that it impliedly authorises payments to trustees. Clauses 2, 3 and 4 of the trust order provide: 2. The Trustees shall have power to use, occupy and manage the land vested in the Trustees and to that end to...

4. [2006] NZEmpC WC 20/06 CE of the Department of the Prime Minister and Cabinet v Sisson-Stretch [pdf, 16 KB]

   ...scheduled day of the hearing, the parties, with the assistance of their experienced counsel, settled the case and asked the Court to make the consent orders referred to above. [3] Both counsel also asked the Court to exercise its discretion under clause 12(2) of Schedule 3 of the Employment Relations Act 2000. That provides: Where proceedings are resolved by the Court making a consent order as to the terms of settlement, the Court may make an order prohibiting the publica...

5. [2023] NZEnvC 184 Noakes & Fruhling Trust v Waikato District Council [pdf, 282 KB]

   ...Decision: 30 August 2023 Date of Issue: 30 August 2023 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT ON COSTS _________________________________________________________________ A: Under s 285 of the Resource Management Act 1991 (RMA), Anna Noakes and Fruhling Trust are ordered to pay costs to Havelock Village Limited in the sum of $9,500.00 (incl. GST). B: Under s 286 of the RMA, this order is enforceable in the District Court...

6. [2015] NZSSAA 83 (13 November 2015) [pdf, 57 KB]

   ...whether a person continues to have a housing need, the agency must have regard to the following factors: 2 (a) Affordability; (b) adequacy; (c) suitability; (d) accessibility; (e) sustainability. [19] Each of these terms is defined in clause 3 of the Direction. [20] Further detail as to how housing need is to be assessed under each of these criteria is set out in policy guidelines. Points are allocated on a scale of 1 to 4 to each category, with a 4 rating being high ri...

7. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

   ...immigration application and then failing to return personal documents. [2] The Registrar has referred the complaint as a breach of the Code of Conduct, the Code having been developed pursuant to section 37 of the Act (published www.iaa.govt.nz). [3] Clause 1 of the Code requires a licensed immigration to, with due care, diligence, respect and professionalism, perform his or her services, act on proper instructions, and pursue their client’s interests. That clause also requires persona...

8. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

   ...that Mr Standing provide his records and deal with the complaint, Mr Standing has not responded. [4] The Tribunal has found the material before it supports the complaint, and it has been upheld. The Complaint and the Response The complaint [5] On 16 July 2009 Mr Balich signed an agreement with Mr Standing for the provision of immigration services. Mr Standing was a licensed immigration adviser. [6] The professional fee for the services was £3,335, with further fees to be paid to...

9. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...contended that Mr Hutcheson is not a trustee of that whānau trust and it remains unclear as to whether it supports these proceedings. The question of the applicant’s standing therefore remains relevant. [8] In addition, counsel submitted that clause 6 of the trust order for Mangamaire B2 Trust, the protection of minorities clause, was relevant to the application for a strike out or dismissal.2 Under that provision, any owner has a right to effectively petition the trustees if t...

10. Appendix-16-Waka-Kotahi-refinement-of-application-with-attachments.pdf [pdf, 2.7 MB]

    Level 6, The Majestic Centre 100 Willis Street PO Box 5084 Wellington 6011 New Zealand T 64 4 894 5200 F 64 4 894 3305 www.nzta.govt.nz 1 Kia ora Helen and Mark, Otaki to north of Levin Highway Project - APP-2021203231.00 We write to advise that following lodgement of the applications for resource consents and notices of requirement for the Ō2NL Project on 2 November, discussions about the Project have continued with Council,