Search Results

1. Homes v ACC [2014] NZACA 14 [pdf, 50 KB]

   ...leave to appeal out of time), were heard by the Authority (Ms Bedford) on 4 and 5 September 2012. A decision was issued on 1 February 2013 ([2013] NZACA 2). The Authority dismissed both applications, also deciding that there would be no order as to costs. It did not accept as credible the evidence of Mr Homes that he was under the mistaken belief, at the time the first appeal was withdrawn, that it was merely to be put on hold and that he thought he could come back to it. Furthermore,...

2. Larkins v Kaitaia - Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) [pdf, 109 KB]

   ...possible. [33] Given the delays to date, we direct the Māori Land Court to hear the application for partial termination of trust on or before 31 May 2013. [34] As both parties were assisted by the Special Aid Fund there will be no order as to costs. Judge Reeves concurs with this judgment but is presently overseas. Pronounced at am/pm in on this day of 2013 ____________________ ____________________ C L Fox L R Harvey DEPUTY CHIEF JUDGE JU...

3. Naera v Fenwick - Whakapoungakau 24 Trust [2011] Māori Appellate Court MB 301 (2011 APPEAL 301) [pdf, 118 KB]

   ...the Trust and TGPL than the applicants. [41] As a consequence we are satisfied that the balance of convenience falls in favour of refusing to grant the stay. [42] The application for stay is accordingly declined. [43] We reserve the question of costs and invited submissions from the respondent by 15 July 2011 and the applicant by 21 July 2011. Signed on this 13 th day of July 2011 W W Isaac (Presiding) C T Coxhead S F Reeves CHIEF JUDGE JUDGE JUDGE...

4. Kopa v Cooper - Motatau 2 Section 23A1A Block [2010] 2010 Māori Appellate Court MB 243 (2010 APPEAL 243) [pdf, 106 KB]

   ...agreeing to a partition was to provide a place for his daughter and mokopuna to return to their ancestral lands. On their return they will be able 2010 Maori Appellate Court MB 251 to use the dwelling and reside on the land. The effort and cost of developing the rest of the land is with the rest of the owners. In the circumstances we see no reason to overturn the Māori Land Court’s decision. [30] Two ancillary matters need to be dealt with. The first was referred to...

5. BD v CE on behalf of GI & HJ LCRO 214/2012 (28 November 2014) [pdf, 119 KB]

   ...Standards Committee determined that BD had failed to meet the standard of competency and diligence expected of a reasonably competent lawyer. Findings of unsatisfactory conduct followed. 2 [5] BD was censured, fined and ordered to pay costs to the New Zealand Law Society. [6] Following the release of the decisions, the Standards Committee invited the parties to make submissions on the issue of publication. Neither party elected to make submissions on the publication i...

6. Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) [pdf, 266 KB]

   ...MB 202-204 179 Waiariki MB 256 [26] For the avoidance of doubt the area marked “Pt Kokohinau Roadway, 5467m2” will no longer comprise part of the roadway and is to revested in the beneficiaries of Kokohinau Block. [27] No issue as to costs arises. Pronounced in Taumarunui at 11.15am on Monday this 12th day of February 2018. L R Harvey JUDGE

7. McNab 26 November 2015 NZSHD 12 [pdf, 120 KB]

   ...the printed paper record also provides the identification details. However the programmer engaged has been unable to find the source of the error. Mr McNab has therefore commissioned the writing of a new piece of software for an initial development cost of $11,000. In the interim he has implemented a manual workaround whereby staff duplicate the identification information in the serial number field of the database so that it is now recorded on any paper copies of purchase agreements....

8. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...whether there is a rational and proportionate connection between the provision and that objective.[7] 15. The Ministry of Economic Development has advised that spam (which is usually sent in bulk via the Internet) is a concern as it imposes significant costs on users of the Internet and other communications mediums as well as service providers. Spam also reduces consumer confidence in the use of the Internet for the purposes of e-commerce and acts as an impediment to the effective use of...

9. LCRO 115/2017 BV v RD and KR [pdf, 115 KB]

   ...not on the entire range of matters that flowed from her separation. Ms BV says she has very little income and struggles to pay her legal fees for the representation she has had. There was no reason for the lawyers to extend their service at a cost Ms BV says she cannot afford. [35] Sixth, Ms BV complains about the amount of time Ms RD spent attending to matters for her. A timesheet was provided recording attendances by Ms RD implementing the agreement after mediation. The fees c...

10. BORA Road User Charges Bill [pdf, 315 KB]

    ...s 25(c) (right to be presumed innocent) of that Act. PURPOSE 3. The Bill seeks to continue the road user charges (“RUC”) system by imposing charges on heavy vehicles and certain other vehicles for their use of the roads in proportion to the costs that they generate. It aims to modernise and simplify the road user charges system, improve compliance with and the recovery of road user charges, establish a framework for the electronic management of road user charges, and give effect t...