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1. Tahata v Tahata- Ngāwhakatutu A1A Incorporation (2014) 37 Tairawhiti MB 217 (37 TRW 217) [pdf, 283 KB]

   ...grandchildren. Also when my parents’ made their wills’ I was made the Executor and Trustee for both of my parents’ wills evidently a problem too for Rongo and Fleur. Greed: because both Rongo Tukiwaho Tahata and Fleur Lee Tahata seemed to be consumed by ‘power’ and ‘control’ to the extent that you would think that my parents’ were super rich and they are missing out on some large amount of money that belies me where it is. They missed out on selling the family home a...

2. LCRO 293-2014 KX v Area Standards committee X [pdf, 206 KB]

   ...provided her with a copy of the trust deed and related information, and asked her to go away and think about the implications of the proposed appointment, discuss those with her aunt and get back to her. [59] It is relevant to note, given the consumer focus of the Act, and the standards of competence and diligence that the Committee applied is the standard a member of the public can expect, that Mrs JB has no reservations about the service and advice she received from Ms KX. She...

3. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...25(c) (right to be presumed innocent) of the Bill of Rights Act. Our analysis under those sections is set out below. PURPOSE OF THE BILL 3. The Bill seeks to: • promote the confident and informed participation of businesses, investors, and consumers in the financial markets, and • promote and facilitate the development of fair, efficient, and transparent financial markets. To support these goals, the Bill sets out the following additional purposes: • provide for timely, ac...

4. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...The decision by Mr OW to initially transfer a 50% interest in the home in which he and 10 Ms YY had resided for a number of years, did no more than reflect the reality that Ms YY would likely have acquired a significant interest in the home, consequential upon her and Mr OW having lived together for so many years in a de facto relationship. [49] Mr OW’s decision to transfer his interest in the family home to Ms YY in November 2014, just weeks prior to his death, cannot in my vie...

5. LCRO 58/2021 EW v YL (29 October 2021) [pdf, 187 KB]

   ...compensable form of loss.8 [84] The ability to compensate for anguish and distress in the lawyer/client relationship has been recognised in a number of cases9 and given the purpose of the Act (which in section 3(1)(b) includes the protection of consumers of legal services) it is appropriate to award compensation for anxiety and distress where it can be shown. [85] There is no punitive element to an award of damages for anxiety and distress. Such an award is entirely compensatory....

6. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...was fully informed as to the implications of the offer. [168] I am satisfied after hearing from Mr RF and Ms TG, that Mr RF took no steps to adequately explain the implications of the offer received. [169] That failure presents as significantly consequential, particularly when the offer is referenced to the sum that Ms TG was prepared to accept. [170] Informed from a background of 30 years’ experience in managing employment cases, Mr RF says that he considered a reasonable cost of...

7. Ram-Raid-Offending-and-Related-Measures-Amendment-Bill_FINAL.pdf [pdf, 7.4 MB]

   Hon Ginny Andersen Minister of Justice Proactive release - Ram Raid Offending and Related Measures Amendment Bill Date of issue: 6 October 2023 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 4, subject to some redactions consistent with the grounds under the Official Information Act 1982. No. Document Comments 1 Strengthening the response to serious Some information has been withheld in accordance offending behaviour in ch

8. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-101-000109 [2010] NZWHT WELLINGTON 23 BETWEEN ALISTER HOLDEN AND MURRAY BRIDGE AS TRUSTEES OF THE ESTATE OF BRUCE MORRIS Claimants AND PETER HANNS TRADING AS HANNS BUILDERS & JOINERS First Respondent AND ROGER WALKER ARCHITECTS LTD Second Respondent AND WELLINGTON CITY COUNCIL Third Respondent AND DION BARETA (Removed) Fourth Respondent AND K ROAD NO 1 LIMITED Fifth Respondent AND STOANZ LIMITED (Remo

9. [2019] NZEnvC 160 Hawthenden Limited v Queenstown Lakes District Council [pdf, 21 MB]

   ...in the PDP have not been contested. The boundaries of the ONUF have been contested in some locations, and in general by one party. (g) Due to the scale and complexity of the District's rural landscapes, a comprehensive study would be time-consuming to undertake. Report and Recommendations of Independent Commissioners Regarding Upper Clutha Planning Maps, Outstanding Natural Landscapes, Outstanding Natural Features and Significant Natural Areas, at [42]. Landscape Methodology J...

10. [2023] NZEnvC 093 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 7 MB]

    ...and values of most of the CMA over an extensive coastline. The Court will not repeat the discussions on this issue had in many of its decisions on this plan, however, the extent of the task to identify and map these attributes and values is time consuming and costly and was not undertaken prior to the notification of this plan. [35] While the assessment of these attributes and values is aspirational in the longer term this Court has tried to focus on any immediate gains that can be ach...