Search Results

1. Ratima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) [pdf, 500 KB]

   ...Trustees have a fundamental duty not to make a profit for themselves out of the trust property or out of their office of trust.14 In addition, trustees have a basic duty to keep proper accounts and to report to their beneficiaries when reasonably requested to do so. Discussion Did the former trustees breach their duties? [31] Mr Francois, an accountant engaged by the Court, undertook an investigation into the financial position of the trust. His report was compiled from bank state...

2. [2021] NZEnvC 041 Reid v Bay of Plenty Regional Council [pdf, 678 KB]

   ...application (which was raised as an option during the pre-hearing conference) to refocus the relief (and therefore the parameters of the case) on the issues he sought to focus on at hearing, which included compliance by Council with the NES-AQ, requests for monitoring by the Council, and amendments to conditions of consents that were not the subject of the application.22 [31] Harbour Ridge and the Council submitted that Mr Reid conducted the case in a way that resulted in additional...

3. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...evaluate the overall position relating to the three complaints. http://www.justice.govt.nz/ 3 The Registrar and the Complainant’s positions in relation to this complaint [7] The complainant took no active role. At the Tribunal’s request, the Registrar considered the position of Mr Malcolm who compensated the complainant, after taking over the practice where Ms Khetarpal worked. The Registrar considered the Tribunal should order that Ms Khetarpal compensate Mr Malcolm, bu...

4. Kui - Estate of Te Paea Hami Oru [2019] Chief Judge's MB 577 (2019 CJ 577) [pdf, 475 KB]

   ...be amended 4. On 11 December 1964 Mohi Pickery applied to the Māori Land Court to succeed to Te Paea Hami Oru or Pikari’s shares in Whatitiri B and other blocks. Mr Pickery named Minnie Salle, John Pickery and himself on the application form as the deceased’s children still alive (No deceased children were listed). 5. The application was heard by the Court in Auckland on 10 May 1966 at 1 Auckland MB 300-301 and the evidence transpired as follows: 47 Te Paea Hami Oru d...

5. Alcohol and Other Drug Treatment Court 2018-19: cost–benefit analysis [pdf, 400 KB]

   ...analysis is made up of two components: a cost model and a cost–benefit analysis completed using a variant of the Treasury’s CBAx tool. The cost–benefit analysis was guided by three questions, which are outlined in Table 2. The cost model informed the answers to the first question, while the cost–benefit analysis informed the answers to the latter two questions. Table 2: Cost–benefit analysis questions Component Questions Cost Model What are the current operatin...

6. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   ...developed various responses to them. As a general rule, we found parties generally appreciated an approach that gave them insight into, and opportunity to respond to, what was troubling us. [30] A commonly employed technique, sometimes explicitly requested by parties, was for the chair or deputy chair to issue a Minute for the purposes of further mediation and/or supplementary submissions. On occasions, a Minute would go into some detail concerning the preliminary views of the pane...

7. LCRO 39/2009 FG v ZS (29 June 2009) [pdf, 220 KB]

   ...RG’s children as to one half and the other half to the [XY charity] [6] The testator appointed, as trustees of the charitable trust, his wife Mrs FG (the complainant), NG and LM (who was also one of the estate executors). After the trust was formed they also became the directors of the three companies. The executors of the estate were Mr ZS, LM and one other. In accordance with the will the executors established the RG Charitable Trust (RGCT) and transferred the company shares...

8. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 3 [pdf, 191 KB]

   ...Ravelich’s evidence was that he was simply trying to help a friend. He stated that his lack of participation at the GRMM “surely must have indicated the level of my involvement in the company as a director to the Police and must have also informed the Police about Mr Y’s involvement. I considered any issues of compliance which were required under the Insolvency Act were matters between Mr Y and the Official Assignee”. [29] Mr Ravelich also refers to conversations with a re...

9. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...COVID-19 lockdown period) until 30 September 2020. This timeframe can be extended by Order in Council up until 31 March 2021. Other regulation making powers are also included.  Allow for certain entities in the specified Acts to perform certain matters by electronic means regardless of the entity’s constitution or rules. Matters include voting, calling or holding meetings, giving notices or communications, and the making and keeping of records. The Bill also makes i...

10. [2017] NZSSAA 47 (27 September 2018) [pdf, 259 KB]

    ...her life was disrupted approximately 14 months before the hearing; her employment became intolerable, and, to her surprise, she has been unable to find alternative employment. Due to this situation, the appellant has had to seek assistance in the form of a jobseeker support benefit. 3 [6] The issue in the present case concerns whether, and if so, to what extent, her jobseeker support benefit is affected by income received from rental income from her home. The facts [...