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1. Ballance Agri-Nutrients Limited [pdf, 887 KB]

   ...Leaching Loss Rate for Freshwater Management Units (FMUs) (a) The Appellant previously submitted on Schedule B (Nitrogen Reference Point) and presented evidence at the Block 2 hearing on the development of a Nitrogen Reference Point (NRP), information required, and timeframes involved. (b) The use of the NRP has been replaced in the decision version of the proposed Plan Change by the Nitrogen Loss Leaching Rate (NLLR). This is highlighted in Policy 2 as well as Schedule B. Table...

2. Maunsell - Te Paroa Lands Trust (2003) 101 Whakatāne MB 35 (101 WHK 35) [pdf, 372 KB]

   ...without opposition at the general meeting of owners, it is appropriate that they be appointed. I would also distinguish some of the authorities referred to previously where they concerned the removal of trustees. This is a case of adding trustees at the request of the existing trustees and following discussion of the issue at a general hui of the beneficial owners. In any event, in response to submissions from Mr Tutua, I also suggested to the trustees that a review was overdue. Therefor...

3. OP v RS LCRO 159/2015 [pdf, 89 KB]

   ...being paid at a level that is “modest … [but] not grudging”.4 [19] The Committee ordered Ms RS not to charge a fee to the Estate, and to meet: Fees and costs from Mrs OP up to $2,000, plus GST, plus disbursements. [20] In response to a request for particulars of the costs she seeks, Mrs OP provided copies of power bills, telephone accounts and a range of expenses including the cost of Mr OP’s funeral, a lunch, extra postal charges caused by delay in obtaining probate, and...

4. Tai Rakena v Corrections (AVL) [2017] NZHRRT 23 [pdf, 128 KB]

   ...Tai Rakena to various individuals and agencies, including a series of letters that have been referred by the Privacy Commissioner to the Police. [9.4] Given the nature of, and apparent escalation in, Mr Tai Rakena’s conduct, Crown counsel has requested that the Prison Director ensure Mr Tai Rakena is accompanied to the hearing by no fewer than two Corrections officers. [9.5] Given the potential health and safety concerns held and further given Assistant Crown counsel would be appeari...

5. LCRO 123/2013 BD v FG (26 June 2017) [pdf, 129 KB]

   ...… she … is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; … Background [3] Mr BD wrote to Ms FG requesting advice in relation to actions by his former colleague, a Mr IJ, in the following terms: You have been referred to me as someone who could provide me with the legal advice necessary to determine if, in NZ an offence of stealing and r...

6. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...Applicant, Mr Rota did not appear to dispute the essence of the evidence nor the submissions made by counsel. Mr Rota also underscored that in any event, should an adjounullent be granted, there was no guarantee that a solution would be found. The request that the application be determined according to "customary law" was not seriously pursued at the hearing. Submissions for the Respondent In sumlllmy, Mr Webster submitted: (a) there is a real issue of jurisdiction and wheth...

7. Brunton - Estate of Eileen Morehu Te Huruhuru (2004) 108 South Island MB 151 (108 SI 151) [pdf, 388 KB]

   ...in Schedule 1 in Jennifer Burney. (iii) Under sections 117(3)/93 and 220/93, I vest the interests numbered 1 to 5 in Schedule 1 in the trustees of the Romia Peneamine Huruhuru Whanau Trust, namely George Peter Brunton and Wendy Margaret Reid, as requested by Romia Brunton. (iv) Under section 242/93, I order that the money held in trust by the Maori Trustee under Beneficiary Rent Card number 1203532-00 be paid to those beneficially entitled in the following way. Firstly, ·the two a...

8. Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109 (2018) 191 Waiariki MB 14 (191 WAR 14) [pdf, 278 KB]

   ...is necessary in order to do justice between the parties. 5 Kōrerorero - Discussion [19] As outlined above, this application has been before the Court for some time now. The application was filed in 2007 and adjourned sine die in 2011 at the request of the Whaoa No 1 Lands Trust pending the outcome of the High Court matters involving the parties. 5 Taueki v Horowhenua 11 Part Reservation Trust [2016] Māori Appellate Court MB 184...

9. Stanimirovic v Levarko [2018] NZIACDT 25 (20 June 2018) [pdf, 143 KB]

   ...in the substantive decision Stanimirovic v Levarko [2018] NZIACDT 3, and an interim decision on sanctions issues in Stanimirovic v Levarko [2018] NZIACDT 8. Those decisions should be read with this decision. [2] The interim decision on sanctions requested that the Registrar clearly express her view on sanctions, particularly as she had moved from her initial position which would have resulted in at least the temporary exclusion of Mr Levarko from the profession. In addition, the Tri...

10. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

    ...[4] EP says that the original gear issue has not been resolved and the car is not driveable as well as being in a considerably worse state cosmetically than when she delivered it to UK Ltd. She questions how it obtained a WOF in December 2014 and requests a refund of the amount paid as well as a declaration of non-liability for the balance of the amount invoiced by UK Ltd, plus compensation for tow costs, registration and insurance and remedy to the cosmetic issues evident on the car...