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  1. 2020-AKL-083 OJI Fibre Solutions (NZ) Limited v Waikato Regional Council [pdf, 187 KB]

    ...different amendments to those addressed above in the event that agreement regarding such amendments is reached via negotiations and / or mediation; and (c) Costs. Alternative dispute resolution 10.7 WDC agrees to attend mediation or other forms of alternative dispute resolution. Service 10.8 In accordance with the waivers and directions granted by the Court for the PC1 appeals, an electronic copy of this notice and attachments have been served simultaneously on the WRC at...

  2. 2020-AKL-085 Waipa District Council v Waikato Regional Council [pdf, 187 KB]

    ...different amendments to those addressed above in the event that agreement regarding such amendments is reached via negotiations and / or mediation; and (c) Costs. Alternative dispute resolution 10.7 WDC agrees to attend mediation or other forms of alternative dispute resolution. Service 10.8 In accordance with the waivers and directions granted by the Court for the PC1 appeals, an electronic copy of this notice and attachments have been served simultaneously on the WRC at...

  3. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

    ...recently, attention has focussed on the Register. On 6 December 2019, the applicants sought the appointment of an independent expert to review the Register. An application to this effect was filed on 20 December 2020. On 24 March 2020, parties informed the Court that they had agreed that an independent expert should be appointed by the Court per s 69(2) of the Act to produce a report on the current state of the Register. I subsequently appointed Sir Wira Gardiner for that purpose....

  4. Smith v Courtney - Ohuirua No 2 [2011] Māori Appellate Court MB 284 (2011 APPEAL 284) [pdf, 1 MB]

    ...occurred. This explains the shape of the block looking as it does like a roadway strip; c) As a result of various Court orders there are rights of way and roadway orders over parts of the block but not over its :full length; d) Ohuirua No 2 has a formed vehicle track over less than half its length with the balance of land covered in regenerating bush. The Appellant's Arguments [8] The appellant appeals the Lower Court decision on four grounds: a) There was an error in concl...

  5. Piper v Real Estate Agents Authority (CAC 408) & Ors [2017] NZREADT 32 [pdf, 239 KB]

    ...relation to the appellant’s conduct of the sale of their property at Milford, Auckland (“the property”). Preliminary observation [3] We observe, as a preliminary matter, that the Tribunal was provided at the hearing with a great deal more information than was available to the Committee. The second respondents set out their complaints in detail, but the response of Mr Piper, in particular, was brief and lacked detail. Neither he nor Mr Ebert provided all the information the...

  6. ANDERSON Neville Ian (CSU-2014-DUN-000365) [pdf, 142 KB]

    ...affected the quad bike’s ability to safely negotiate a turn. Was the terrain and route suitable for quad bike use? [16] The Cullen Farm is comprised of 1587 hectares of mainly rolling hills terrain. Mr Altenburg advised that quad bikes are the main form of transport on the farm. [17] The area of Gillanders Block where Mr Anderson was found is a steep grass paddock. Constable Hutton who attended the scene estimated the slope gradient to be 23 degrees. The weather conditions at the t...

  7. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

    ...ordered that this block be vested in the Marangairoa Trust as trustee under section 439(7)/53 to hold and administer the land for the beneficiaries of the reservation. This block is not the subject of an application pending before this Court but rather forms part of the background to the current application. The matter came before the Court again on 2 September 1996 at 45 Rua 196-197. By this time Mr Bristowe was deceased. A hui-a-iwi had been called for Te Whanau a Ruataupare, Te Whana...

  8. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

    ...acknowledged that the lease was not advertised and that only the Trustees knew of the lease to Hupata Trust. He stated that the lease an'angement to Mr Clarke was not a formal one, and that the Trustees consented to the sub-lease after a verbal request from Thomas Clarke. [25] The trustees whether they agreed to this lease or not, made no attempt, prior to Mr Nuku and Mr Harrison filing of this application, to end this informal lease to Mr Clarke, even though they were aware...

  9. Proprietors of Mangatawa Papamoa Block - Lot 1 DP SA 86263 (2007) 90 Tauranga MB 25 (90 T 25) [pdf, 3.8 MB]

    ...the "Development and Financial Summary" produced for the special general meeting of the shareholders, the forecast return in 2012 is $19.4 million (approx.) while for 2018 it is nearly $88 million. These figures were supported with information from Statistics New Zealand about the growth in retirees and general growth in the Tauranga region. Other statistics were presented in respect of the housing market in Tauranga. Mangatawa also engaged Ernst and Young to look at the fin...

  10. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

    ...Moreover the audit report notes that the accountants were not aware of the existence of this account. In addition, the applicant has been concerned with the trustees' failure to provide copies of invoices for the project despite his repeated requests. [19] Counsel then submitted that between 2005 and 2008 the project has consumed $117,960 of funds and there are discussions that a further $100,000-$300,000 would be necessary to restore the property to a habitable condition. The ap...