Search Results

1. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...Section 239, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Ngati Hine H2B BETWEEN IAN MCLELLAND Applicant Hearing: 18 January 2011 12 April 2011 (Heard at Whangarei) Court: Judge D J Ambler Judge S F Reeves Judgment: 19 May 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER ON BEHALF OF THE COURT Introduction [1] This is an application to appoint replacement trustees to the Ngati Hine Forestry Trust (―the Trust‖) in accordance with the electio...

2. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...ROBERT SMITH AND CARYL JOSEPHINE SMITH Respondents Hearing: 26 February 2010 (1 Waikato Maniapoto MB 246 - 274) (Heard at Tauranga) Appearances: Ms C S Manuel and Ms J Tapsell, Counsel for the Applicant Mr R Smith in person Judgment: 16 March 2011 at 3:15 PM RESERVED JUDGMENT OF JUDGE S R CLARK Counsel: Ms Manuel, Jackson Reeves, DX HP 40052, Tauranga E-mail: carey@jacksonreeves.co.nz E-mail: john@jacksonreeves.co.nz Copi...

3. Tohiariki – Section 1F No 2 Parish of Katikati (2013) 54 Waikato Maniapoto MB 31 (54 WMN 31) [pdf, 213 KB]

   ...THE MATTER OF Section 1F No 2 Parish of Katikati BETWEEN KEVIN PATRICK TOHIARIKI Applicant Hearing: 26 April 2012 (40 Waikato Maniapoto MB 162-201) (Heard at Tauranga) Appearances: Mr L Watson, Counsel for the Applicant Judgment: 21 March 2013 RESERVED JUDGMENT OF JUDGE S R CLARK Copy To: Leo Watson, Barrister & Solicitor, P O Box 92, Paekakariki, Kapiti Coast leowatson@paradise.net.nz...

4. TG v Standards Committee LCRO 205/2014 (30 June 2014) [pdf, 359 KB]

   ...the Legal Complaints Review Officer (LCRO) on review is to reach her own view of the evidence before her. Where the review is of an exercise of discretion, it is appropriate for the LCRO to exercise particular caution before substituting her own judgement for that of the Standards Committee, without good reason. Scope of Review [27] The LCRO has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee...

5. Complaints Assessment Committee (CAC 408) v Nicholas Schembri, Joseph Lupi & Timothy Kearins [2017] NZREADT 24 [pdf, 311 KB]

   ...incompetence. Further the confusing provision was inserted into the agreement on the instructions of Mr Lupi. She submitted that there is no dispute as to the breach of s.36(2A) by Mr Lupi as well. • Ms Paterson submitted that it was a gross lack of judgment by Mr Lupi to allow Mr Schembri, a new agent, undertake the negotiations for this contract. Mr Lupi himself should have conducted the negotiations. Ms Paterson referred to Wang v Real Estate Agents Authority2, a decision da...

6. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...October 2016 142 Taitokerau MB 52-53 dated 25 November 2016 142 Taitokerau MB 211-212 dated 11 December 2016 147 Taitokerau MB 299-230 dated 20 March 2017 150 Taitokerau MB 5-51 dated 27 April 2017 149 Taitokerau MB 177-178 dated 2 May 2017 Judgment: 29 August 2017 RESERVED JUDGMENT OF JUDGE M J DOOGAN 157 Taitokerau MB 133 [1] Ratahi Tatana died at Kaitaia on 30 April 1984. The main asset of his estate is a family farm near Kaitaia. Ratahi was survived...

7. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...do so in a professional manner. Critical to the concept of professional conduct is the requirement for a lawyer to ensure that they maintain a sense of distance from the case they are advancing, distance which ensures that they bring to their judgement the degree of professional detachment that must at all times inform their instructions to their client. [100] Having concluded that the comment was unsatisfactory, I turn my attention to the question as to whether the comment was d...

8. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

   ...accepted by the court, the Facebook material potentially added to the strength of Ms R’s case for a protection order against Mr L. [10] Mr NS chose not to challenge the Facebook material. He has asserted that he chose that course because in his judgment it was so poor that it could safely be ignored. 3 [11] However, the Family Court judge who heard the protection order application accepted and used the Facebook material as propensity evidence when he made a protection order...

9. MFE-Your-Guide-to-the-Environment-Court.pdf [pdf, 2.8 MB]

   ...the decision! It is generally inappropriate to communicate with the Court about the details of your case after the hearing is concluded and before the decision is issued. Decisions of the Environment Court are almost always reserved. That is, written judgments are delivered some time after the hearing, rather than being given orally ‘on the spot’. This is because the matters before the Court are often complex and of some public importance. The Court must give reasons for the decision it m...

10. [2021] NZACC 156 - Holton v ACC (4 October 2021) [pdf, 380 KB]

    ...HOLTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 27 August 2021 Heard at: Via telephone conference Appearances: Mr B Hinchcliff and Ms W Lee for the appellant Ms F Becroft for the respondent Judgment: 4 October 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Causation] ____________________________________________________________________ Introduction and...