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1. Searancke - Part Pouawa 1 Subdivision 3 of Lot 2 Section 7 and Section 2-3 (2006) 164 Gisborne MB 247 (164 GIS 247) [pdf, 1.1 MB]

   ...tlustees and the owners or their successors to the dissolution of the trust. She was directed to advise them of the application and hearing date and she was to file a formal application for dissolution. In light of these directions the applicant requested an adjournment sine die. The Couli on 1 March 2004 at 157 Gis 206, granted an adjournment for six months. The applicant later explained that in accordance with her understanding of custom she had approached the elders of each of her...

2. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...the RMA overlay to cover his property. I am told no other property owners expressed concern with the draft plan change proposal. All agreed that sensitive activities should be avoided in the area. [31 J Queries via email were mainly clarification requests with respect to the boundary of the proposed Woolston RM Area in relation to certain properties. Three completed feedback forms were received via post. One landowner noted no concerns as long as there were no further or additional...

3. Immigration & Protection Tribunal Annual Report 2017-18 [pdf, 532 KB]

   ...established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of Immigration and the Minister for Courts on the performance of the Tribunal’s functions under the Act in the preceding financial year. The report must include details of the number and nature of the determinations made by the Tribunal in the period to which the report relates.

4. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...appointment dated 14 April 2014 issued by the Official Assignee to Mr Dennis Parsons, Chartered Accountant, authorising him to conduct the s 165 examinations. [3.3] The relevant parts of the s 165 examination transcripts which contain personal information about Mr Hide. [4] In compliance with that direction Mr LGA Currie on 29 March 2018 swore a supplementary affidavit of documents. Mr Currie is employed by the New Zealand Insolvency and Trustee Service (a business unit of the Minis...

5. Hohepa v Cassidy - Waima C30A and Waima Topu B (2018) 182 Taitokerau MB 166 (182 TTK 166) [pdf, 337 KB]

   ...Trust should bear the cost of relocating the house and associated infrastructure. [21] I do not consider the trustees intentionally authorised Pihema to occupy land they did not own. Rather, they granted the licence for this site believing it formed part of the Waima Topu B block. Clearly, they were wrong. While the trustees may not have been aware that they did not own this land, they should have been aware. [22] Firstly, the trustees should be aware of where trust lands are l...

6. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...Applicants say that it is not the exercise of a discretion that leads to the liability, but rather whether Tower authorised such fees being incurred. It follows that the Applicants must seek permission from Tower to incur such fees and that, once such a request is received, Tower must consider that request in terms of its duty of utmost good faith to the Applicants. [85] While it is correct that a failure to pay a sum due is a breach of the contract of insurance, such a failure mus...

7. Carey Clan Trust v Still [pdf, 100 KB]

   ...not CGAF. 20. CGAF say that the inspection was a visual inspection (not invasive) as was the invariable practice for final inspections. 21. CGAF drew attention to the time period between the issuing of the building consent in June 1999 and the request by the Council for a final inspection in March 2007. They said that in making the request the Council had an obligation to specify the ambit and extent of the final inspection. They were clearly on notice as they asked that particula...

8. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...to make any order for hurt, humiliation, distress and loss to reputation. Orders [47] Pursuant to s 110(2)(b) of the Act, the Tribunal orders that Mr Tucker’s licence is cancelled as from the date of this penalty decision. [48] Ms Pender requested that if an order for cancellation were made, the Tribunal direct that the order not take effect until the hearing on 4 April 2017 of Mr Tucker’s appeal to the High Court against the substantive decision. Counsel for the Committe...

9. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...Oaths and Declarations Act 1957. Phillip Thomas Phillips Declared at Whangarei 16. The applicant has also attached the following documents in support: a) Copy of letter from Kura Barrett, Specialist Applications dated 3 July 2012 b) Copy of request for personal information – Te Roopu Whitiora Community Māori Mental Health c) Copy of Work and Income NZ statement of income d) Copy of Mental Health Assessment of Applicant dated 9 February 2010 e) Copy of release from Compulsor...

10. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

    ...In the first part of her document, Ms Packwood says that false evidence was given to the Authority by two members of ANZ, and that what she described as new evidence was also presented at that hearing. She also says that evidence which she had requested from ANZ, which she says would have absolved her, was never given (because that point was not reached). [31] Then, responding to the strike out grounds raised by ANZ, she referred to the events that occurred on the second day of th...