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1. Staite - Tahorakauri A1 Sec 1 (Ohaki Papakainga) (2002) 76 Taupō MB 124 (76 TPO 124) [pdf, 257 KB]

   ...persuaded by arguments 1 and 4 and I will act to remove him should an application under section 240/93 be filed. However, all remaining trustees should be conscious at all times of the need to maintain the utmost care in performing their roles and responsibilities as trustees. There are serious issues before them and they should at all times be conscious of the need to act in the interests and for the welfare of al! beneficiaries and owners. I also acknowledge that the reservation t...

2. Hu v The Registrar of the Real Estate Agents Authority [2019] NZREADT 005 [pdf, 160 KB]

   ...that Ms Hu’s application was not made within the period allowed under the Act for an application for review to be filed, and should therefore be dismissed. Although Ms Cann’s memorandum was copied to Ms Hu, she has not filed submissions in response. Nor has she filed any submissions in support of her application for review. [4] Ms Hu has had adequate time to make submissions in support of her appeal, and to respond to the submissions filed on behalf of the Registrar, but has...

3. BORA Regulatory Systems (Workforce) Amendment Bill (No 2) [pdf, 224 KB]

   ...who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the biological mother was not entitled to parental leave or a parental leave payment. Consistency of the Bill with the Bill of Ri...

4. BORA Farm Debt Mediation Bill [pdf, 310 KB]

   ...actions on debt secured by way of farm property. The Bill does this by providing that any such enforcement actions are void unless backed by an enforcement certificate. Enforcement certificates are provided by the Chief Executive of the Ministry responsible for administering the Bill and can only be granted if: a. the farmer declined to mediate, or b. despite the creditor mediating in good faith, no agreement could be reached. 5. Any agreement reached between the farmer and the cred...

5. BORA Regulatory Systems (Workforce) Amendment Bill [pdf, 275 KB]

   ...who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the biological mother was not entitled to parental leave or a parental leave payment. Consistency of the Bill with the Bill of Ri...

6. [2018] NZEnvC 159 Burgoyne v Northland Regional Council [pdf, 1.8 MB]

   ...appeals, Cypress Hills wishes to join the proceedings as a party under s 274 out an abundance of caution , to ensure its interests are able to be represented. This has also been the position taken by other members of the group. The parties' responses to the application [6] The following parties consented to the waiver application by A Burgoyne and Te Taumata Kaumatua 0 Ngati Kuri Research Unit: (a) Te Runanga 0 Ngai Takoto; (b) Director-General of Conservation (Appellant);...

7. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   ...easement was approved by a majority of trustees. Ms Witana and Mr Wihongi dissented. It is argued Ms Witana and Mr Wihongi are now refusing to take steps to implement that decision by refusing to sign the easement instrument. [12] In response, Ms Witana has challenged the advice Mr Jones provided to the trustees, and his conduct in supporting the majority, over the relevant period.2 Similar issues are raised by Mr Wihongi.3 [13] This evidence has not been teste...

8. [2018] NZEnvC 196 Dromgool v Minister for Land Information [pdf, 146 KB]

   ...are exhibited in this case as Exhibit B1 and B2, being a synopsis of particular documents that Mr Salmon considers relevant. [4] During the cross-examination of Mr Shaw, the CEO of TEL, he was questioned about those documents, and some of those responses suggested that there were other documents which explained or gave a context to the various reports prepared. These are the documents that are now sought to be produced by the Minister. Accordingly, it is clear to this Court that the...

9. [2018] NZEnvC 219 AB Logistics Limited v Northland Regional Council [pdf, 2 MB]

   ...Court had set down the matter for a judicial conference. [14] The reason that the Court set this matter down for judicial conference was the receipt, on 30 July, of a memorandum from the s 274 parties: (a) indicating a reason for their delay in response to 28 June memorandum; (b) advising concerns with the undertaking; and (c) indicating that they considered there were ongoing problems with the site. 5 [15] As at that date, the Court and the s 274 parties had not been notified...

10. [2021] NZEmpC 23 O’Boyle v McCue [pdf, 190 KB]

    ...emphasised that it was necessary for the Court to direct the parties to prepare a Scott Schedule because of controversary relating to outstanding amounts; he said that Ms McCue’s position, as described in that schedule, was largely upheld.6 [13] In response, Ms Stewart said that payments made by Ms O’Boyle were made as soon as counsel advised her to do so, that costs should not be used to punish a losing party; and that conduct by parties prior to the commencement of a proceeding...