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1. Thompson - Wharekawa 5B South 4B1 (2006) 109 Hauraki MB 21 (109 H 21) [pdf, 643 KB]

   ...papakainga. Minute Book: H 109 24 [10J Mr Oppert also applied for termination of the Trust for failing to uphold their obligations in terms of the preamble of Te Ture Whenua Maori Act 1993. This application was not accompanied by the necessary fee, nor were there any documents in support of the application. [11] I deal with Mr Oppert's submission regarding sections 19(1)(a) and 20(d) later on, but his other submissions are discussed immediately below. Native Aboriginal Ri...

2. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

   ...provide it with a copy of this judgment. 28 Section 136. Costs awarded [65] The Labour Inspector seeks a modest award of costs together with disbursements, including reimbursement of the filing fee in the Court. [66] We invite the Labour Inspector to file a memorandum setting out the costs and disbursements he seeks. He is to do that within 21 days of the date of this judgment. J C Holden Judge fo...

3. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...conduct likely to bring the industry into disrepute, in breach of r 6.3, namely facilitating payment of the full commission to Mr O’Brien personally rather than to Bayleys, depriving both Jervois and Bayleys of a share of the commission. CHARGES FILED IN THE TRIBUNAL [10] On about 18 November 2022, the charges were filed in the Tribunal. [11] Mr O’Brien and Ms Wildman both filed Response to Charge forms (dated 21 and 26 November 2022 respectively) admitting the charge of mis...

4. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2021] NZREADT 27 READT 021/2020 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHAEL HENRY HARVEY Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 2001) First Respondent AND RICHARD LOWE and PETRONELLA LOWE Second Respondents Hearing: 9 April 2021, at Nelson (further submissions filed after the hearing) Tri

5. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...of the tiles, sealing between the sill section of the bifold doors from the upper level lounge to the deck with sealant and drilling new drainage holes in the face of the sill section of the bifolding doors. [23] In December 2002 the owners filed a claim with the Weathertight Homes Resolution Service (”the WHRS”) and in September 2003, the WHRS Assessor, Mr Templeman, provided a report concluding that the owners’ 8 dwelling was a leaky building, he detected mould...

6. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

   ...affecting or relating to any such land, and the local authority concerned, are entitled to be heard in relation to any application for, or proposal to make, any order under this section. (2A) The applicant must, as soon as practicable after filing an application in the court, send a copy of the application to the local authority concerned. (3) For the purposes of subsection (2), the court may, if in its opinion notice of the application or proposal should be given to any person...

7. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   191 Taitokerau MB 1 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT UNDER Sections 67, 236, 237, 239 and 240, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust BETWEEN A20180002924 RACHEL WITANA and TAOKO WIHONGI Applicants AND RANIERA SONNY TAU, TE TUHI ROBUST, BRUCE CUTFORTH and COLLEEN BERMINGHAM-BROWN Respondents A20180002884 AND BETW

8. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...paternity. [10] Mr SW then instructed Mr LN to act. That retainer ended some four months later, in or about November 2019. [11] Mr SW emphatically asserts that the applicant in the paternity proceedings (the mother) was dishonest in the evidence she filed in support of the case, and that this amounts to perjury for which she should be held to account. It is this unshakeable belief that has driven Mr SW to vigorously challenge the paternity proceedings and the outcome. [12] Mr...

9. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...property, allegedly by K. There was also a suggestion (which later appeared to be false) that Mrs W had been asked to sign documents by L and K at the funeral. • It was noted that K held a power of attorney and although not recorded in his file note, Mr Collins says that he recalled a discussion at that time about removing K as Mrs W’s attorney. • Finally, and importantly, Mr Collins noted that Mrs W told him she wanted future instructions and communications to be conve...

10. GZ v TE LCRO 17 / 2011 (17 February 2012) [pdf, 155 KB]

    ...forthwith take such steps as are necessary to procure a registered easement in favour of the registered proprietor of [the family home] to secure the current supply of drinking water to the property. The costs of creating such easement (including legal fees and disbursements and survey costs) shall be met by ACU Limited.” ACU Limited was a company controlled by Mr TD. [9] Ms HB adopted the view that without the water supply easement in place, the property was valueless, and ther...