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1. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...the day to day farming operations were meant to be authorised by Owen. 157 Taitokerau MB 134 4.3 Ratahi Murray had been permitted to run beehives on the farm for approximately five years prior to Diane’s death. In return he was to perform some farm labour and pay rates. Ratahi failed to pay the rates and they fell into arrears. This was raised at the whānau hui following Diane’s death but he still failed to pay rates despite continuing to run bees on the farm. 4.4 O...

2. Tangitu - Parish of Te Puna Lot 154A2 (Epiha Urupā) (2005) 82 Tauranga MB 274 (82 T 274) [pdf, 1.2 MB]

   ...the block signed notices supporting the applicant's position, and the Court must give solid weight to the evidence provided by those notices. The applicant acknowledged that he had sent notices to about 30 owners. In terms of the consents forms signed by Jean Smith, Lena Nabbs and Bill Borell I think the only safe position for the Court, given the questions raised over those consents, is not to take them into account. While Mr Borell originally applied for the reservation he did...

3. Minhinnick v The Crown - Maioro Lands (1994) 18 Waikato Maniapoto Appellate MB 220 (18 APWM 220) [pdf, 3.8 MB]

   ...Waiuku State Forest and which is commonly known to the parties as Maioro. The relative part of the Case Stated recites:- "By agreement the part ies, namely the Claimant and the Respondent, and with the concurrence of the Cross-C laimant, have formulated the following questions for determination by this Honourable Court having regard to the land defined on the plan attached: 1. Which Maori according to customary law principles of "take" and occupation or use, had ri...

4. Te Manutukutuku 73 [pdf, 9.5 MB]

   ...inquiry. Judge Ambler’s widow, Te Tai Ambler, presented the report on behalf of the Tribunal to the deputy chair of the Maniapoto Māori Trust Board, Keith Ikin. The Tribunal issued these first two parts in advance of the full report in response to requests from the Crown and claimants for an early release of its findings on key issues. The title of the report, Te Mana Whatu Ahuru, was adopted from the term which, the Tribunal was told, Ngāti Maniapoto use for the power of ranga...

5. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination. Statutory delegation and hearing in person [63] Mr Hesketh is appointed as a s...

6. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

   ...costs against SHL and the Council in relation to the appeal proceedings and Mr van Brandenburg has applied for costs against SHL in the enforcement proceedings. These matters have a somewhat complicated history which I set out below in summary form. 3 Background [3] Flax Trust is the owner of a property at Birchwood Road in the Wakatipu Basin. The neighbours to the north of the Flax site are Mr and Mrs Meehan whose company SHL owns 86 and 88 Speargrass Road. Flax Tru...

7. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...claimants is adopted. Bonavista is considered to be liable to the extent of 10%. [82] Having considered all the evidence the Tribunal considers the builder is liable to the extent of 5% for Stage 2 X ORDERS SOUGHT [83] Mr Robertson requested orders to be made in respect of only those respondents who have not settled as those parties that have settled have been indemnified by the Council. I have adopted this approach. The Council did not seek a contribution toward...

8. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

   ...Lawyers and Conveyancers Act 2006 (the Act), in that it considered that further action on any of the matters was unnecessary or inappropriate. 2 Facts [3] The relevant facts are set out in the Standards Committee’s decision.1 In short, a former employee of Mr YW’s successfully sued him in the [X] Court. Mr YW judicially reviewed that decision in the Court of Appeal, and that Court dismissed his review.2 Following that Mr YW was interviewed by a reporter from the New Zea...

9. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...who wanted a limitation on liability. However, he considered that he had bound himself to the contract, as he had finance in place. [14] A written agreement for sale and purchase between Peetom and FFT was not signed until 25 June 2013. A “Form 2” “Client consent for licensee to acquire interest in property”,4 pursuant to which the trustees of Peetom consented to Mr Hawkins (as interested party of FFT) acquiring an interest in the property, was annexed to the agreement. T...

10. [2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 349 KB]

    ...excess of their standard hours (subject to safe operating procedures), provided that work is voluntary on days which are otherwise non-rostered days for an individual employee. [2] Can New Zealand Post Ltd (NZ Post) require delivery agents to perform extra hours of work in addition to their standard hours without compensating them for their availability? The answer hinges on s 67E of the Employment Relations Act 2000 (the Act). That provision states: An employee is entitled to...