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1. OTAGO REGIONAL COUNCIL v NGA RUNANGA & Ors NOE ENV 20210628 [pdf, 481 KB]

   ...we have voluntarily reduced our water usages over time in order to favour other users on the water scheme, and that has an impact, also, in the calculation of an annual volume limit. 5 Plan change 7, in its present form, in this case, it’s clause 10A.4.4, which is a method for calculating the annual volume limit, if we consider that in its present form, it would render this irrigation system ineffective in a dry summer, and I’m referring not to that clause in the form that it...

2. Towler - Succession to Mona Towler (2021) 435 Aotea MB 37 (435 AOT 37) [pdf, 214 KB]

   435 Aotea MB 37 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O AOTEA In the Māori Land Court of New Zealand Aotea District A20200006042 WĀHANGA Under Section 118, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Succession to Mona Towler I WAENGA I A Between PAUL TOWLER Te Kaitono Applicant Nohoanga: Hearing 15 September 2020, 421 Aotea MB 154-159 (Heard at Whanganui) Kanohi kitea:

3. Tweeddale v Pearson [pdf, 405 KB]

   ...responsibility of the council. Breach of contract between original owner and claimant [83] Ms Tweeddale’s second allegation was that the original owners breached their contract in that they breached the warranty and undertaking and in particular clause 6.2 of the agreement for sale and purchase. The allegation is that the work has not been completed in accordance with the building permit or consent because the dwelling leaks and the construction methods are not durable an...

4. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...seven trustees. There is a three year rotation of existing trustees, with election of new trustees at the AGM of owners. Retiring trustees are eligible for re-election and re- appointment by the Court. [13] Trustee election process is set out at clause 6 of the Trust order, and in the Standing Orders, which is an appendix to the trust order. Clause 6(e) of the trust order requires nominations to be called for at least 45 days prior to the AGM. Nominations are to be received by the Se...

5. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

   DAVID SAVAGE v CAPITAL & COAST DISTRICT HEALTH BOARD NZEmpC WELLINGTON [2016] NZEmpC 83 [30 June 2016] IN THE EMPLOYMENT COURT WELLINGTON [2016] NZEmpC 83 EMPC 374/2015 IN THE MATTER OF a challege to a determination of the Employment Relations Authority BETWEEN DAVID SAVAGE Plaintiff AND CAPITAL & COAST DISTRICT HEALTH BOARD Defendant Hearing: 18-19 April 2016 (heard at Wellington) Appearances: G O'

6. Milner - Takahiwai 7C1B (2008) 124 Whangarei MB 95 (124 WH 95) [pdf, 1.2 MB]

   ...in favour of Rose and Bowen Milner, but as tenants in common in equal shares. That is for the reasons expressed in my decision in WairauNorth 2Fi. [12] Fourth, an issue arises in relation to how to effect the revesting of shares in Rose Milner. Clause (i) of the trust order prohibits the trustees from alienating any interests . . Therefore an order cannot be made under section 164 of the Act. The Court can release the shares from the Whanau Trust by way of an order under section 241 o...

7. Rangi v Manaaki Farms Trust - Part Taraketi 1C2 (2005) 156 Aotea MB 125 (156 AOT 125) [pdf, 325 KB]

   Minute Book: 156 AOT 125 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT Hearing: A20040002311 UNDER Section 238, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Part Taraketi 1C2 - Manaaki Farms Trust BETWEEN HUHANA RANGI Applicant MANAA¥T FARMS TRUSTEES Respondents 9 February 2005 at 148 Aotea MB 279, Whanganui Appearances: Mr Graham Takarangi for Huhana Rangi Mrs Damita Pearse for the Trustees Judgment: 12 August 2005 JUDGMENT OF JUDGE L R HARVEY Introduct

8. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...receipt of the refund ordered above, OB must return the collar at her cost as required by s.22 of the CGA. Order dated 15th April 2024 set aside 15. The order of the 15th April 2024 is set aside as CM has pointed out typos. “[redacted]” in clause 1 has been changed to “OB”. The word “ahs” in clause 8 has been changed to “has”. The date for payment has been changed to 16th May 2024. In all other respects the wording of the order remains the same. Referee: G R...

9. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...consensus between the parties that there would be a casual agreement. d) I also observe that although the draft IEA was described as a “casual individual employment agreement (intermittent)”, the language adopted by Mr Oliver in the relevant clause did not state that there was no guarantee of any hours of work and did not clearly refer to an arrangement which could in fact be described as casual. Although the clause stated that work would be “as required”, it also stipula...

10. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

    ...solicitors to the Calders. In the correspondence between the solicitors on 4 November 2008 Mr Lloyd’s lawyers said: “You failed to make any mention in the Memorandum of Understanding signed sometime in May 2007. This set out a procedure in Clause 2 which has been closely followed by the parties throughout the transaction”. The Calders’ solicitor replied that the Memorandum of Understanding was never signed by Mr and Mrs Calder. Mr Lloyd’s lawyers disagreed and said tha...