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1. Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282) [pdf, 142 KB]

   ...paragraph 25, it requires that the dairy farm be operational at the end of the lease. Further, I hold that all components of the farm have to be operational and that includes the milking shed. The milking plant is the landlord’s property and forms a necessary part of the fully operational dairy farm that the landlord is entitled to. I should remark that Mr Craven’s expertise was rightly accepted in my view. No evidence from a similar expert was called to contradict him. Fix...

2. Cambridge v Whitehaven LCRO 122 / 2009 (4 September 2009) [pdf, 20 KB]

   ...in any event the arguments about the weight to be given them can be made by written submissions. Ms Cambridge (and her partner Mr Cambridge) are experienced legal practitioners who are quite able to make their points to the Committee in written form. It was also noted that this matter concerned conduct which occurred prior to 1 August 2008 and therefore concerned the old standards as set out in the Rules of Professional Conduct for Barristers and Solicitors. I cannot see how that is...

3. BR v CS LCRO 226/2013 (20 October 2014) [pdf, 45 KB]

   ...Complaint Service) 28 April 2013. 3 [9] Mr BR argues that it was not until the Privy Council issued its judgment on 22 October 2012 (nearly 3 years after the bill was rendered) in favour of Mr BR and the persons he represented that he/they formed the view that CS’s opinion was deficient. [10] There is some merit in Mr BR’s argument. However, I do not consider that a consideration of regulation 29 is pivotal in determining Mr BR’s complaint. [11] Mr BR’s complaint...

4. 2014 Justice Sector annual report [pdf, 1.6 MB]

   ...PEOPLE FEEL SAFE 63% of people didn’t experience crime in 2008 6% of adults experienced 52% of all crime in 2008 Older and retired people and people living in rural areas were least likely to experience crime 5 OR MORE INCIDENTS * This information is from the 2009 New Zealand Crime and Safety Survey (NZCASS) and the 2014 Public Perceptions of Crime and the Criminal Justice System Survey. The NZCASS 2014 findings are scheduled to be released in October 2015. ** Public Percept...

5. JA & JA Bradley Family Trust v Auckland City Council [2010] NZWHT Auckland 37 [pdf, 63 KB]

   ...possible damage caused by the Sky dish installation. Mr Gill confirms that “I was engaged by Mr Bradley to purely comment on the remediation of the timber framing to a targeted area of the property ...” and “I was not engaged to provide any form of expert witness work with regard to any claim that may be commenced at a later date.” Mr Gill then states that he observed an excessive area of decayed timber where he was informed that a Sky dish had been installed. This let...

6. White v Rodney District Council [pdf, 24 KB]

   ...meaningful and sensible attempts to settle the claim. 9. The claimants then replied by stating that the second respondent misstates factual events and that essentially there is nothing in Mrs Kerkin’s response to deflect the claimants’ request that the Tribunal order an award of costs under section 91. 10. The claimants’ submissions expand on their allegation that Mrs Kerkin’s defence to the liability for breach of the vendor warranty claim lacked substantial...

7. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 24 KB]

   ...between him and the claimants for remediation and because that remediation failed, Mr Sweetman was liable in the sum of $1,600. Liability of Maxi Holdings Ltd – Remediation Applicator Maxi Holdings Ltd was engaged to undertake remediation at the request of Mr Olsson and/or the Picollo Trust. However the Tribunal found that the only loss is that suffered by Mr Olsson who paid for an ineffective remediation but such loss was of his own making as he specifically directed the scope of t...

8. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...timber framing, reinstate cladding with a drained cavity system, repair base plate framing and hidden joinery, ensure adequate continuation of the upstand, replace required deck membrane, reinstall joinery with suitable flashings, form deck balustrade tops in accordance with the manufacturer’s instructions with required flashings, texture and paint the outside, reinstate and paint internal linings. [21] An extended roof flashing was also recommended. Outsid...

9. Hagenson v ACC [2014] NZACA 1 [pdf, 26 KB]

   ...[1] The issue on appeal is the correct relevant earnings figure to use for the purpose of calculating Mr Hagenson’s earnings related compensation (ERC) between November 1990 and July 1997. [2] At the hearing I indicated that based on the C3 form supplied by Mr Hagenson’s employer, in my view, the correct figure was $750.23 per week and I invited counsel to take instructions and discuss settlement. I subsequently reconsidered the appropriateness of asking the parties to reach a s...

10. Clarke v Downs Lake - Taupo Forest Trust [2014] Māori Appellate Court MB 16 (2014 APPEAL 16) [pdf, 165 KB]

    ...that any Ngäti Tutetawha beneficiaries had to descend from Te Okore. [12] The trustees were represented by Amy Walker their group manager, and the current chairperson Mr Clinton Ellis. They opposed the appeal in both its original and amended form. [13] We also heard from Mr Matiu Northcroft spokesperson for Ngäti Tutetawha. The nature of the appeal [14] Before varying a trust pursuant to s244 the Court has to be satisfied of two preconditions, they being: a) Th...