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  1. Peita - Panguru C27A2 (2015) 104 Taitokerau MB 5 (104 TTK 5) [pdf, 212 KB]

    ...work (the type of which he has done on several occasions before). I would like Mr Lee to attend to the work as soon as is possible. I will appoint him to undertake that task and provide the necessary plans pursuant to s 69 of the 1993 Act. His costs will be met out of the Special Aid Fund pursuant to s 98 of the 1993 Act. [37] As noted, I would expect the areas to be approximately 1012m². Mr Lee will need to assess the areas on the ground. If greater areas are sought, then a...

  2. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

    ...Marae receive any direct benefits from the lease such as formed access ways or the connection of electricity. What they will receive is an opportunity, if they wish to accept it, for the Marae to be connected to the Waste Water Treatment Plant at no costs to the Marae. It is clear that the primary and main benefits of the lease project will flow to the beneficial owners. [40] In order to determine if Mr Olson is in a conflict position the Court must be provided with substantiated...

  3. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

    ...being undertaken pending the substantive hearing of this matter. Such an injunction will preserve the status quo and will prevent any further alterations being made to the land. An interim injunction of this nature will also prevent any further costs being expended on the build by the Atama whānau. 11 New Zealand Fire Service Commission v Mitchell CA36-99, 12 October 1999, Unilever Plc v Cussons (NZ) Pty Ltd [1997] 1 NZLR 433....

  4. Watene v Maynard - Bob Watene Whānau Trust (2015) 43 Takitimu MB 185 (43 TKT 185) [pdf, 209 KB]

    ...Act 1993. [42] There are consequential orders issued for variation of trust to remove reference to the departing beneficiaries from the trust. [43] Leave is reserved for any party to seek further directions. [44] There will be no order as to costs. Pronounced in open court at 4.05 pm in Rotorua on Monday the 21sr day of September 2015 L R Harvey JUDGE 11 147 Napier MB 208-209 (147 NA 208-209)

  5. Walker v Tonihi - Estate of Te Aokatoa Wirihana (2015) 43 Takitimu MB 31 (43 TKT 31) [pdf, 281 KB]

    ...Wirihana is granted in favour of Hera Hori Wirihana, Urikore Hori Wirihana, Ngauru Hori Wirihana, Tiari Hori Wirihana, Henare Hori Wirihana, Te Hapai Hori Wirihana and Tawhati Hori Wirihana and their successors. [44] There will be no order as to costs. Pronounced at 4pm in Rotorua on Monday this 31 st day of August 2015 L R Harvey JUDGE 15 61 Ōtaki MB 107 (61 OTI 107) see also 85 Ōtaki MB 274 (85 OTI 274) 1...

  6. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

    ...as compensation for misrepresentation as to the current rateable value of the property; [ii] $24,385.00 as compensation for misrepresentation as to the area of the property. [c] An order that the licensee and the agency pay the appellants’ costs in respect of the investigation and prosecution of the complaint both before the Committee and us. [4] In response, the second respondents submit that the Committee’s decision should be upheld. The Basic Facts [5] On 13 Ma...

  7. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

    ...counsel to consider in due course. Decision [29] The application for confirmation of alienation of the shares of Sydney Margaret Loach in Matarikoriko No 7B2 to David and Christine Jury is dismissed. [30] There will be no order as to costs. Pronounced at am/pm in on this day of 2013 L R Harvey JUDGE 15 For examples see Craig v Kira - Wainui 2F4D (2006) 7 Taitokera...

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

    ...Manning and also made oral submissions. He says that the Pre-notice contained a clerical error indicating there were three vacancies instead of two. He says the trustees decided in February 2012 not to replace Suzanne Spencer after her death for cost reasons, and that decision was not re-visited by the trustees prior to the 2012 AGM. [27] Once the issue concerning the number of trustee vacancies was raised by Mr Manning prior to the AGM, Mr Harteveld obtained legal advice which conc...

  9. Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230) [pdf, 184 KB]

    ...parts. It is a very hard block to access as there is a river to ford and that river is often in flood in the winter. Residential development is a limited option for this block at this time, without a clear access proposal including realistic cost assessment to accompany this application. [29] Conversely, it is possible to conduct a limited farming operation on this block and generate the income necessary to handle the rates and other necessities to ensure that the block is cared...

  10. Hume v CAC10054 & Jackson & Wondergem [2013] NZREADT 53 [pdf, 47 KB]

    ...of unsatisfactory conduct on the part of Mr Hume and its penalty of a reprimand and $3,000 fine against him. We comment that, perhaps, in all the circumstances the fine was a little high. However, we do not reduce it because we shall not impose costs against the appellant in respect of this appeal to us; and we also allow that $3,000 fine to be paid by the appellant to the Authority in three equal six monthly instalments of $1,000 each commencing with a first payment six months from the...