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1. Proactive release - Amendments to the Property Law Act 2007 relating to commercial leases and mortgages [pdf, 678 KB]

   ...the Government. The share will depend on contractual terms, negotiations and government interventions. I know most businesses including commercial landlords and tenants are working together to find a way through the pressures caused by COVID-19. 5 The loss of income will mean that businesses which would otherwise be viable are at a higher risk of insolvency due to COVID-19, and the likely subsequent economic downturn. Given the size and value of the commercial property sector, worth ap...

2. AP v ZK LCRO 66 / 2010 (16 February 2011) [pdf, 84 KB]

   ...instructions to the Practitioner to not deduct fees without his prior approval, a directive that the Practitioner had ignored on the basis that his authority to deduct fees came from the wills of the Applicant‟s parents, (presumably the charging clauses), and the Trustee Act 1956. This led to the Standards Committee finding that the Practitioner was guilty of unsatisfactory conduct. Review application [5] The Applicant sought a review of the Standards Committee decision essentia...

3. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...[3] In the course of reviewing the transcript of the hearing and finalising the text of this decision I have become aware that the Will of Mary Rauaiterangi Patena contains an error concerning the size of the Part Tokaanu B2L block. The Will at clause 3 refers to the interest in the Part Tokaanu B2L block “which has a total area of 1.619 hectares”. Clause 3(a) of the Will bequeaths “the house together with 0.40469 hectares to Tiaho Mary Pillot”. Clause 3 then goes on to alloc...

4. Recording Industry Association of New Zealand v CAL2013-E000737 [2013] NZCOP 16 [pdf, 158 KB]

   ...uploading over a period of almost five months. It also states that music piracy has contributed to a halving of recorded music sales in New Zealand since 2002 (including both physical and digital works). It also submits that the sums available under sub-clauses 2(a) – (c) are modest and would not be a sufficient deterrent: “This is a modest sum which, in the context of this account holder’s (or a person using the account holder’s IP address) use of P2P file sharing software t...

5. [2017] NZEnvC 143 Nelson City Council [pdf, 882 KB]

   ...MATTER AND BETWEEN Decision No. [2017] NZEnvC '4-~ of the Local Government Act 1974 of an application under s 342 and the 10th Schedule of the Act to stop part of a legal road at Scotia Street, Nelson shown as Section 1 on SO Plan 475386 NELSON CITY COUNCIL (ENV-2017 -WLG-000035) Applicant Court: Environment Judge B P Dwyer sitting alone under s 279 Resource Management Act 1991 Heard: In Chambers at Wellington DECISION ON ROAD STOPPING APPLICATION Decision Issued...

6. Kingi v Summersby - Okere Falls Store (2003) 276 Rotorua MB 81 (276 ROT 81) [pdf, 1.6 MB]

   ...19 September 2003 G Dennett for the Plaintiffs M S Lake for the Defendant RESERVED JUDGEMENT Minute Book: 276 ROT 81 OKERE FALLS STORE MANUHIRI KINGI, IRENA KINGI, MAMAEROA KINGI Plaintiffs IAN SUMMERSBY Defendant For more than 50 years there was a general store at the northern end of Lake Rotoiti close to where the lake discharges into the Kaituna River at Okere Falls. The Plaintiffs, who are sisters, own the land upon which the store stood. It is Maori freehold lan...

7. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

   ...personal privacy and dignity, 1 but any expectation of privacy needs to be reasonable. The primary domain of s 21 is in the law enforcement or criminal context, but the courts have recognised its relevance in the regulatory context too. 2 6. Clause 6 of the Bill introduces new Part 4B (Drug and alcohol management plans and testing). New s 40Z requires a Drug and Alcohol Management Plan (‘DAMP’) to be developed by commercial maritime operators (‘DAMP operators’). 3 New s 40...

8. UN v BF Ltd [2022] NZDT 138 (6 September 2022) [pdf, 211 KB]

   ...District Court [2022] NZDT 138 APPLICANT in claim, Respondent in counterclaim UN RESPONDENT in claim, Applicant in counterclaim BF Ltd The Tribunal orders: 1. The claim is dismissed. 2. UN is to pay $127.50 to BF Ltd before 6 October 2022. Reasons 1. On 4 May 2022 UN parked in a carpark managed by BF Ltd. UN was aware from signs displayed that a permit was required to park in this car park. He did not have one, and he was unable to discover

9. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

   ...proceeding are as follows: (a) whether TAC has validly initiated collective bargaining in accordance with s 40 of the Act via the initiation notice dated 22 July 2022; and (b) given it does not employ anyone described in the intended coverage clause in the initiation notice (and has no intention to do so), whether HPSNZ is required to participate in collective bargaining with TAC. Facts HPSNZ [7] HPSNZ is a government-funded kaitiaki (guardian) of the high-performance sport...

10. [2021] NZEnvC 033 Minister of Conservation v Northland Regional Council [pdf, 3.5 MB]

    ...Appellants NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J A Smith Environment Commissioner K S Prime Environment Commissioner I M Buchanan 2 Hearing: October 2020 (inclusive) Last case event: Joint memorandum of the dated 5 March 2021 Date of Decision: Date of Issue: 1 6 MAR 2021 1 6 MAR 2021 DETERMINATION OF THE ENVIRONMENT COURT A: The final agreed provisions are attached to this determination as Appendix 1. (a) T11e amendments shaded in grey we...