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1. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...that the buyers had to beware and instead imposed a positive duty on the agents to disclose. He submitted that the doctrine of caveat emptor has no application under Rule 6.5. • He submitted that the Complaints Assessment Committee incorrectly formed the view that the decision to exclude the due diligence provisions in the agreement with the sale and purchase was relevant to Mr Matutinovich’s obligations. He submitted that the Complaints Assessment Committee seriously failed to c...

2. PU v RW LCRO 15/2013 (4 September 2014) [pdf, 144 KB]

   ...the bank is making contribution towards his client’s legal fees. The bank confirms on that date that Mr RW is to be paid $3,000.00 cash to be deployed by the customer ‘as he sees fit’. g) Mr PU forwards email correspondence to Mr RW requesting him to attend at his office. An appointment is confirmed for 26 July 2012. h) A letter of engagement is executed on 26 July 2012. That document records a fee of $1,450.00 for the transaction, but a handwritten amendment, signed...

3. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 2 [pdf, 110 KB]

   ...in the written contract amendments. While this may be something even a layperson might advise it does show that Mr Sayles was involved in the contractual discussions. During construction [14] Mr Sayles accepts he did the block work that formed part of the walls to the lower level. He also accepts he was responsible for the associated work that ensured the floor of the upper storey was level. This was the first stage of the construction. However other than that Mr Sayles...

4. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

   ...Okahu 3B2B2D, Okahu 4A, Okahu 4B, Okahu 4D, Okahu 4C1, Okahu 4C2, Okahu 3A and Okahu 3B2A (“the trust blocks”). Judge Ambler then made an order amalgamating the trusts pursuant to s 221 of Te Ture Whenua Māori Act 1993 (“the Act”) to form a single ahu whenua trust known as the Ngakahu-Ngakohu Whānau Ahu Whenua Trust (“the trust”). 1 [2] Ahjun Ahoy, Gina Allen, Judy Baker 2 and Kristine Te Paa were appointed as interim responsible trustees of the trust. Des Mahoney,...

5. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...block for the remaining owners, their invitees, agents and workers and/or any future lessees, their invitees, agents and workers; 2. The occupier, her invitees, agents and workers shall have a right of access (but not exclusive access) over the formed road/track area depicted in the sketch plan produced; 3. The occupier does not alienate any of her beneficial interests in the land. Pronounced in open Court at k· Ro ~ in Gisbome on Wednesday the 23rd day of September 2009. C...

6. Pahi - Estate of Lucy Williams [2014] Chief Judge's MB 476 (2014 CJ 476) [pdf, 251 KB]

   ...of this application was sent to the applicants siblings whom we had addresses for: a. Beverley WiIliams, 15 Hockin Place, Fairfield, Hamilton 3214; and h. Peter Williams, 59 Sunnyvale Street, Bell Block, New Plymouth 4312 . 24. The letter also requested any contact details for the other siblings namely; a. Karen DaJey b. John Williams c. Rangipo Williams d. Mark Merrick e. Deborah Apiata f. Elizabeth Morgan g. Michael Williams 25 .. On 7 October 2013, the mail was returned for R...

7. Kawiti v Kawiti - Motatau 2 Section 65A (2017) 162 Taitokerau MB 269 (162 TTK 269) [pdf, 235 KB]

   ...duties, Wynyard could have sought their removal, to enforce their obligations, to review the trust, or directions from the Court. It was never an option to take matters into his own hands. In any event, I do not accept this explanation. Wynyard formed the view he was entitled to these funds as he was carrying out work on the farm:7 7 141 Taitokerau MB 292-372 (141 TTK 292-372) at 354. 162 Taitokerau MB 275 K Taurau: An...

8. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...a financial penalty (the new s 136G). Restriction on freedom of expression (s 14 Bill of Rights Act) 27. Section 14 of the Bill of Rights Act protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form." The right extends to all forms of communication including advertising.[12] 28. The Bill sets out principles to which liquor advertisements and promotions will be required to conform. These s...

9. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...Reverse onus provisions 32. Clauses 165, 166 and 168-170 provide for summary offences of failure, without reasonable excuse, with production orders, directions to remain pending a search, detention pending search, directions to stop a vehicle or request to provide assistance in respect of a computer search. As summary offences subject to s 67(8) of the Summary Proceedings Act, these provisions place an onus on the accused to prove the excuse. 33. As such, these provisions are inconsis...

10. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

    ...not directly equivalent to other categories of title to land. In particular, inalienability is an inherent characteristic of customary title. However, customary title does provide rights to the secure ownership of land that are comparable to other forms of title to land, as has been recognised by the High Court of Australia and the United States Supreme Court. [8] 22. The effect of the Bill, in substantially reversing the 2004 Act, is that the customary rights are reconstituted in stat...