Search Results

1. CAC 10031 v Maran [2011] NZREADT 23 [pdf, 107 KB]

   ...defendant and Weiguo Ding were never resolved with the end result being that the defendant ran into financial difficulties and Weiguo Ding buying 118 Oakdale Road at a mortgagee sale on 9 July 2010 so that he owned both 118 and 120 Oakland Road. Resource consent to the subdivision in his name alone was finally obtained in October 2010. [14] It was as a result of the events briefly summarised above that the present charges were laid against the defendant which allege that he made false...

2. Smith - Hauai 2D8 (2015) 99 Taitokerau MB 200 (99 TTK 200) [pdf, 178 KB]

   ...MB 205 [9] Teheke’s primary concern is to transfer administration of the land to his two daughters. In giving his consent to the transfer Duane acknowledged that, “my sisters will not alienate this land from my family. They have the resources to develop the land as I do not.” Thus, Duane saw Kiri and Pania as administering and developing the land for the whānau and not exclusively for themselves. [10] Clearly the more appropriate tool to enable Teheke to achieve his...

3. [2015] NZSSAA 033, 12 May [pdf, 45 KB]

   ...immediate need is to be identified. In particular, it provides that the Chief Executive must have regard to the effect on the beneficiary or any dependent child if the need is not met and the beneficiary’s ability to meet the need from their own resources. [25] The appellant suffers from a condition which seriously affects his mobility. Not having a motor vehicle would also impact on his wife and the children living in his household. In particular, we note the need for the appell...

4. [2014] NZEmpC 160 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

   ...LSG, is entitled to the prompt and efficient disposal of litigation to which it is an unwilling but essential party. The plaintiff’s propositions would not achieve that objective. Similar considerations apply to the application of scarce court resources although the touchstone must always be the need to do justice between the parties. [22] In addition to the foregoing, Ms Douglas has submitted that s 179(5) precludes Ms Alim from challenging the Authority’s non-recusal determin...

5. Moses – Hopuruahine East & 12 other blocks (2014) 37 Tairawhiti MB 238 (37 TRW 238) [pdf, 125 KB]

   ...supporting affidavits were filed for Tūhoe Te Uru Taumatua and Tūhoe Waikaremoana Māori Trust Board. Counsel for the Tūhoe Te Uru Taumatua requested an adjournment but that request was declined based upon the considerable amount of time and resources expended on the matter including sending out direct notice and publishing notice in national and local newspapers. I further note that there were no sufficient grounds provided to grant the adjournment. 37 Tairawhiti MB 242...

6. BR v EP LCRO 008/2012 (3 September 2014) [pdf, 42 KB]

   ...that objective is the need to ensure that complainants are not discouraged from pursuing complaints 7 from concern that they will face costs awards in the event that their review is unsuccessful. [44] This is not to sanction abuse of the resources of this office, or to underestimate the distress, inconvenience and on occasions expense that practitioners may face when responding to complaints, but rather to emphasise that in this particular case I did not consider that ther...

7. Nicholls v Trustees of WT Nicholls Trust [2014] Māori Appellate Court MB 2 (2014 APPEAL 2) [pdf, 156 KB]

   ...the event. In our view it is now appropriate for this Court to exercise its discretion to award costs. Quantum [11] The starting point for costs is a reasonable contribution to costs actually incurred; that should at least reflect the time and resources the respondents have given to responding to the appeals and their degree of success. 2 60 Waikato Maniapoto MB 134-138 at 137, 138 2014 Māori Appellate Court MB 8 [12]...

8. Charters v Rika - Arataua 4C [2018] Māori Appellate Court MB 142 (2018 APPEAL 142) [pdf, 289 KB]

   ...circumstances, and will also need to pass the tests of credibility and cogency. (c) While a balancing of the interests of the applicant and opposing parties is required, the aim is to ensure that parties put their best case at trial and that the public resources of the Court system are not wasted. [10] The evidence produced by Mr Charters was reasonably obtainable and could have been put before the Lower Court given that Mr Charters clearly knew the meeting to elect new trustees wa...

9. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...proposed new subpart ES is intended to combat aggressive tax arrangements that provide taxpayers with excessive tax advantages. The consequences of such arrangements include a loss of revenue to the government, [4] an inefficient use of IRD's resources and individual investors in these arrangements can be exposed to unexpected interest and penalties on any resulting unpaid tax. By providing greater certainty as to the application of tax laws, the proposed new subpart is expected to...

10. BORA The Attorney-General's Reporting Function under Section 7 of the New Zealand Bill of Rights Act [pdf, 315 KB]

    ...have been issued relate to provisions that were found to be unjustifiably discriminatory (section 19 BORA). This is not surprising given that macro-economic policies are by their very nature discriminatory (i.e. they concern the allocation of scarce resources). However, we do not expect this trend to continue for the following reasons: • A number of provisions used relationship terminology that was defined in another piece of legislation in an unjustified discriminatory way. Many of th...