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1. Glamorgan v Dalbeattie LCRO 220 / 2010 (10 May 2010) [pdf, 117 KB]

   ...the undertaking. The Applicant did not return the money immediately, but he informed his client (XX) that the refinancing would not proceed. XX then wrote to H Ltd's lawyer to advise that it intended to exercise its power of attorney and requested the lawyer to obtain the authority of H Ltd to pay the $45,000 to XX. The lawyer acting for H Ltd repeated his demand to the Applicant for the money to be returned pursuant to the undertaking, but this was not done. XX, acting on the...

2. Aylesbury v Milton LCRO 61 / 2009 (31 July 2009) [pdf, 36 KB]

   ...Because of the delays in obtaining payment that purchase ultimately fell through. Mr Aylesbury’s advisors stated in a letter of 9 July 2008 that it was intended that the funds to meet the order of the Court would be available on 31 July 2008 and requested that no enforcement action be taken before 4 August 2008. Correspondence passed between the parties in which the respondents sought details of the arrangements for payment and reasons for delay. The applicant (through his lawyer...

3. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   ...children of Rita Potts consented to inclusion of Emily. It seems that none of the other children were asked to consent to her inclusion. Consent to the inclusion of the interests of John Jellicoe Waerea was included in the children’s consent forms. This is unexplained as he was still alive at the time. Only his consent could be relevant to his shares. Because his consent was included, the shares were vested in the Whanau Trust. Application to Chief Judge (2003 Chief Judges...

4. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...EB’s fears and anxiety.6 [9] Overall, Ms EB says that Ms DA’s conduct “drove [her] into the pits of despair, well beyond what the stress of a constructive dismissal would have…”, 7 that Ms DA took advantage of her vulnerability, and requests compensation of any amount up to the maximum of $25,000 for what she describes as her “extreme distress and anguish”, although she acknowledges the decisions from this Office are based on awards that are “modest not grudging...

5. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...together on 6 July 2015.1 At the hearing I made inquiries as to the reason for the delay in filing the applications and whether any other items had been found during the dig. MCH was unable to provide an explanation at the hearing. At the request of Maui Tangohau, supported by MCH, an adjournment was granted to enable TAHI, PHI and Hauiti Marae to consult and provide their respective positions on the application. [16] A further hearing was held on 3 February 2016.2 MC...

6. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...both considered medical treatment for the purposes of section 11. The White paper commentary to the Bill of Rights Act stated that the term “medical” should be interpreted broadly, including surgical, psychiatric, psychological and similar forms of treatment. [1] 14. The Bill therefore creates a prima facie limitation on the right to refuse to undergo medical treatment. As summarised by Lord Donaldson MR in Re T (Adult: Refusal of Treatment) every adult has the right and capacity...

7. Richards - Karaka Huarua A and B (2010) 10 Taitokerau MB 94 (10 TTK 94) [pdf, 85 KB]

   ...circumstances I do not see how I can appoint them. [33] Notwithstanding these hurdles, I believe I can give effect to the spirit of the Maori Appellate Court’s amended application. I propose to set aside Karaka Huarua B as a Maori reservation as requested by the owners. Trustees will be appointed in due course. I propose to establish an ahu whenua trust in relation to Karaka Huarua A. I consider that the trustees should remain at three and I will appoint one trustee from each...

8. Hawke v ACC [2012] NZACA 10 [pdf, 375 KB]

   ...decision. Costs were awarded under the Regulations and appeal rights were given to the District Court. [9] On 8 February 2006, a notice of appeal was filed with the District Court and on 12 April 2007, the appeal was withdrawn at the appellant's request. [10] On 12 March 2010, after consultation with the Corporation, the Authority issued a practice note concerning, inter alia, the jurisdiction of the Authority to hear and determine appeals against the decision of the Corporation ma...

9. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...newspaper advertisement about the estate, he did not mention this fact to her. He said he had no instructions to do so. [15] Instead of recommending to Ms X that she obtain independent legal advice in relation to the matter, the letter simply requested her to sign a statement at the base of a copy letter, to be returned to Mr Grave, which acknowledged the payment received would be “in full satisfaction of any claim which I may or maynot have in the estate either now or at any tim...

10. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

    ...to historic burial sites on the land during the time the land was owned and administrated by Airways. Their counsel was informed that burial sites had been identified on adjoining land near the fence line with Awapuni 1F3. The respondents have requested that Airways review its records to determine whether archaeological assessments of Awapuni 1F3 have been conducted. [30] The respondents submit that the spiritual significance of the land to the descendants of the owners, including...