Search Results

1. Moanaroa v Ruwhiu - The Kaiawhina Trust (2014) 91 Taitokerau MB 29 (91 TTK 29) [pdf, 130 KB]

   ...been prepared by a solicitor and unfortunately there are aspects of the grounds of the application that are problematic. [5] Takangaroa Moanaroa is a 75 year old woman of Ngapuhi descent. She explains in her affidavit that she has granted an enduring Power of Attorney to Mr Hettig, that she is a beneficiary of the Kaiawhina Trust and that she has appointed Mr Hettig as a co- beneficiary of the Trust. There is no documentation to confirm how Mr Hettig has been appointed as a benef...

2. DF v WW LCRO 151 / 2010 (23 June 2011) [pdf, 57 KB]

   ...about the need for a special clause in the auction documents concerning this. [20] The estate agent informed the Practitioner that he had learned from the Applicant that Mrs J no longer had legal capacity and the Practitioner advised him of the Enduring Powers of Attorney and how he should proceed. [21] The Practitioner stated that during the time that she had had contact with Mrs J’s son and the Applicant, there was no indication from either of them that her firm was not acting...

3. INZ v BUH [2013] NZIACDT 45 (01 August 2013) [pdf, 86 KB]

   ...the “power, ability, capacity” to perform a task or function. Accordingly, when used alongside “negligence” in section 44(2) there is a distinction. Negligence can arise on a particular occasion, whereas incompetence is a condition that is enduring to a greater or lesser degree. Mr Laurent refers to decisions of this Tribunal, namely Bhagat v Singh [2012] NZIACDT 16, Barry v Devi [2011] NZIACDT 29, and Balich v Standing [2012] NZIACDT 42, as support for this view. 4...

4. Parihaka Compact of Trust [pdf, 124 KB]

   ...practice o f peace th a t sought to foster m u tu a l reco gn itio n , respect and prosperity for all. The ideals o f belief, honour and goodw ill w ere w ov en through the emotional, physical and spiritual fabric o f the community, for an enduring ivellbeing. The C r o u n is, a m o n g o th er things, responsible for establishing policy and strategy to enable resource allocation, productivity and equality o f access to serv ices for the w hole p o p u la tio n . It promot...

5. LCRO 192/2019 NA v LC (27 May 2020) [pdf, 93 KB]

   ...3 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 4 Discussion [20] It is clear that Ms NA has experienced a very difficult time over a period of many years. Her complaint presented as a harrowing account of the turmoil she has endured in working to ensure that her daughter was raised in a safe and secure environment. [21] But it is not the role of a Review officer to form a view on the merits of a difficult case that has been wending its way through the Family Court...

6. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel 4 Our previous advice concluded that the aims to promote enduring settlement of pay equity claims and the elimination of sex discrimination in employment are sufficiently important objectives to justify limiting the right to freedom of expression, which is impaired no more than is reasonably necessa...

7. 2021-07-28 Trustpower - Legal submissions in relation to the pORPS [pdf, 249 KB]

   ...urgency of climate change mitigation measures and provides a discretion for decision-makers to “allow non-compliance with an environmental bottom line set in any policy of method” of the pORPS in certain circumstances for activities which have “enduring regionally or nationally significant mitigation of climate change impacts”. Exactly how IM-P12 – and the range of other relevant pORPS provisions – are intended to operate in the context of HEG activities remains uncertain...

8. KN v MQ Ltd [2022] NZDT 187 (21 October 2022) [pdf, 108 KB]

   ...submissions on interpretation of the same clause in related proceedings with other purchasers have been taken into account. The purchaser, who is currently overseas, was represented in the hearing by his mother who also purchased a unit and has an Enduring Power of Attorney over his property. Referee: E Paton-Simpson Date: 21 October 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something preven...

9. [2023] NZEmpC 15 Pilgrim v The Attorney-General [pdf, 182 KB]

   ...the media (the eyes and ears of the public) to similarly better understand the evidence which would, in turn, support informed media coverage.3 [9] The Gloriavale defendants refer to concerns they have about negative media coverage they have endured to date as a further reason why they are opposed to the application. As Mr Stewart points out, no examples of such coverage in these proceedings have been identified. He notes too that RNZ remains obliged to comply with the Guidelin...

10. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 KB]

    ...extend to an accompanying person. (b) B Ltd’s Chief Medical Officer opined that there was no rationale for a non-medical escort for SI. While B Ltd acknowledge it was desirable for SI and NI to travel together given the stress they had both endured, it was not a medical necessity. I agree that in these circumstances, it is not reasonable for B Ltd to meet the cost of the business class ticket for NI as it was outside the scope of the policy. Although NI had to return home with h...