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1. Rautangata v Rautangata - Opuatia No 6D No 2D Block (2011) 27 Waikato Maniapoto MB 252 (27 WMN 252) [pdf, 137 KB]

   ...Appellate Court decision in Tohu – Te Horo 2B2B2B (2007) 7 Whangarei Appellate Court MB 34 (7 APWH 34) states as follows: [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction under the abo...

2. Russell v CAC 10057 & Hoen [2012] NZREADT 17 [pdf, 123 KB]

   ...by $1,500 and pay $189.32 towards advertising “to see whether that would help them reach a decision”; and Mr and Mrs Russell accepted that offer and the contract was completed. [34] A short time after the property was sold, the purchasers requested another inspection. Ms Hoen offered to and took them to the property. In the course of that visit, Mrs Russell informed Ms Hoen that she intended to lodge a formal complaint concerning 8 the way Ms Hoen had handled the sale...

3. Khan v New Zealand Law Society [2014] NZLCDT 18 [pdf, 83 KB]

   ...under section 83 for the purpose of 3 determining whether or not a person is a fit and proper person to be granted registration as a conveyancer: (c) the person has obtained a practising certificate because of incorrect or misleading information: (d) the person has contravened a condition of a practising certificate held by the person: (e) the person has contravened this Act or a correspondent law: (f) the person has contravened an order of the Disciplinary Tribunal or...

4. CAC20002 v Gollins [2015] NZREADT 2 [pdf, 178 KB]

   ...as there would have been serious questions of confidentiality. His view was that if he had entered into an agency agreement, the arrangement would have become common knowledge within the Colliers office. In his view, this could have led to the information being passed to Foodstuffs’ competitors as Colliers also had a relationship with Progressive Enterprises. Further, he was concerned that seeking to have an agreement signed could be seen in the wrong way and as being disrespectful o...

5. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...experience with clients; that is, in practising clinical procedures directly with a client, a process more ordinarily undertaken by a dentist. In June 2014, when visited by Mr Jacobsen, Mr Zhou’s practice was mainly preparing a range of appliances requested by dentists. His private patients were a very small proportion of his practice, he having little more than one year post-qualification experience. [14] Mr Zhou agrees Mr Jacobsen attended the practice on 25 June 2014 and points ou...

6. M Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 11 [pdf, 249 KB]

   ...Dorpe was not immediately responsible. The builder’s negligence was a major contributor to the damage and I assess the builder’s contribution at 55 per cent. [54] Mr van den Dorpe had a substantial responsibility for plastering a badly formed substrate in a manner which would cause leaks. This amounted to a 10 Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 (CA). Page | 13 significant factor. I assess his liabil...

7. Henare v Maori Trustee - Parengarenga 3G costs [2012] Māori Appellate Court MB 540 (2012 APPEAL 540) [pdf, 215 KB]

   ...discretion; b) The Court should look to what is just in the circumstances and in doing so should have regard to the nature and course of the proceedings; the importance of the issues; the conduct of the parties; and whether the proceedings were informal or akin to civil litigation; c) If a party has acted unreasonably – for instance by pursuing a wholly unmeritorious and hopeless claim or defence – a more liberal award may well be made in the discretion of the Judge, but there...

8. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...White with photographs by Arno Gasteiger. [9] The following background is not in dispute: • Kauri Dieback is caused by a fungus-like pathogen1 phytophthora agathidicida (PTA), which can kill kauri trees of any age; • there appear to be two forms of spore: oospores, resting spores, that can be found in root tissue and soil around infected trees, and can survive for many years; and zoospores, produced in wet conditions and able to move through water films and soil; • the die...

9. LCRO 33/2015 HS v Area Standards Committee [pdf, 193 KB]

   ...[22] He said further: 2. Paragraph 30 [of the complaints decision] makes the affirmative statement my conduct was “reprehensible” through “obsessive repetitious allegations, complaints and threats of complaints…. A view has already been formed. 3. Paragraph 31 asserts my submissions [about Mr M and the partners are] a “scurrilous attack without any apparent justification of any kind”. 4. At paragraph 33 the committee asserts “the continuing plethora of unjustified and b...

10. Adams v Accident Compensation Corporation [2015] NZACA 8 [pdf, 175 KB]

    ...identified any failing by that lawyer material to whether an extension of time should be granted for a delay of 33 years. Nor is the Authority, as a tribunal, in any position to compel a lawyer to act for a party nor 8 can it refuse a request to withdraw, except perhaps in the face of an imminent hearing. [36] In his submissions to the Authority of 28 May, Mr Adams refers to various earnings figures for 1977 and 1978. I have not been sent any corroborative documents....