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1. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...assessment carried out of the building on 27 March 2013. [32] The trustees deny that they may be liable for waste pursuant to s 346 of the Act if they remove the Nursery. The trustees contend that this section applies where any person takes natural resources such as timber and minerals from Māori freehold land without permission. It does not apply to the removal of a building. [33] The trustees say that there is no serious question to be tried, and the balance of convenience can...

2. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...Adopting the interpretation advanced on behalf of the defendant would not only arguably undermine this objective by encouraging challenges at an early stage but would increase costs for parties, including litigants without the benefit of significant resources. [21] I conclude that the Authority has no power under cl 12A to dismiss part of a matter before it. Even if the identified paragraphs in Mr Lumsden’s statement of problem can properly be characterised as frivolous (whic...

3. Flight Senior – Waipapa 1D 2B 3B (2014) 316 Aotea MB 3 (316 AOT 3) [pdf, 264 KB]

   ...Rangi’s interests in Waipapa 1D2B3B block. [16] Counsel contended that the Court should take into account the fact that Mr Flight has spent an estimated $20,000 over the years on the dwelling, as well as consideration of his time, labour and resources. For these reasons therefore, Mr Flight says his claim in equity is superior to that of any other person claiming ownership. Respondents’ case [17] The trustees contended that the dwelling is a fixture, and as such there is a pres...

4. Pue v Tapatu - Okawa A1B (2011) 268 Aotea MB 93 (268 AOT 93) [pdf, 165 KB]

   ...and ability to communicate. [29] As to the issue of legal advice, Ms Godkin says she has no personal legal representation and nor has she sought and nor does she intend to source legal representation in the future as she does not have available resources to commit to an obligation that she is unable to meet. [30] Regarding the claim of adverse possession, Ms Godkin says her personal view is that her father is lawfully undertaking and carrying out his right and entitlement to do...

5. [2015] NZEmpC 63 Premier Events Group Ltd v Beattie Ors [pdf, 249 KB]

   ...make an election after trial in the High Court, and a stay of the balance of the proceedings in this Court will enable it to do so effectively. [17] Next, PEGL advanced an argument that it will be a more efficient use of court and litigants’ resources that proceedings are now conducted in the High Court and stayed in this forum. Mr Lloyd submitted that if the proceedings in the Employment Court are stayed and the High Court proceedings determined, the likely outcome will be that...

6. Edwards v ACC [2013] NZACA 10 [pdf, 61 KB]

   ...to Friday, with full time carers looking after him, and Ms Edwards cared for Geoffrey from Saturday to Tuesday. [14] From 2000, when Geoffrey was 20 years old, he attended the Eastern Institute of Technology three days a week and the Disability Resource Centre two days a week. He lived with his parents from Saturday to Monday and with paid carers in Napier from Tuesday to Friday. [15] Ms Edwards said in her statement of evidence and at review, that she had planned on having three ch...

7. Neal-Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) [pdf, 225 KB]

   ...Land Information New Zealand, undertaken at the cost of the applicant, so that titles may issue in accordance with the Land Transfer Act 1952 within 12 months of the date of these orders; (b) the applicant producing proof of compliance with any resource consent conditions; (c) the applicant upgrading, at his cost, the entry from Taiharuru Road to the residue block where it leaves the partition area by way of undertaking such reshaping and metalling as may be necessary on that par...

8. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...to me his contact details so that I can talk to him”. [64] Ms BW responded to Mr SE that same day. She provides Mr SE with [Law Firm L] contact phone number and cautions that involving lawyers will inevitably result in a drain on the company resources: SE, speak to VT by all means, however is it not best that we all get together before we involve lawyers too much? – You know as well as anyone that once they get involved there will be nothing left of the money. All I have done at...

9. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...14 Affidavit of Tracey Hill, sworn 19 October 2016, at [8]. 15 See Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008 and Cayne v Global Natural Resources plc [1984] 1 All ER 225. 140 Taitokerau MB 70 [46] Mr Robertson argues that the trustees are seeking to complete the renovations on the Marae which are desperately required, and which are for the benefit of all the benefic

10. Kirkham v Huata - Lot 2 Deposited Plan 1996 formerly known as Mangaroa 26N2 block (2016) 54 Takitimu MB 104 (54 TKT 104) [pdf, 363 KB]

    ...issues between them. They have also failed to pass on rates notices which has meant the respondents have had to pay penalties. She claimed that the respondents have installed a new well on the land, arranged for electricity and took care of the resource consent and permits, at a cost exceeding $30,000.00. The trustees she submitted had not provided any compensation for these improvements. Further, the rent is too high given the condition of the land and the fact that there is no...