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1. Pole v Tangilanu [2014] NZIACDT 76 (26 August 2014) [pdf, 81 KB]

   ...potentially breaches the Code in the following respects: [9.1] A failure to perform services with due care and diligence (clause 1.1(a)); and [9.2] Failure to carry out instructions with due care, diligence and professionalism (clause 1.1(b)). The responses [10] Neither Ms Tangilanu nor the complainants responded to the Statement of Complaint. They were not required to do so if they accepted that it set out the facts and matters in dispute appropriately. Discussion The standard o...

2. Redden - Estate of Jack Redden (2008) 124 Whangarei MB 187 (124 WH 187) [pdf, 1.1 MB]

   ...Davies and his wife Rose Davies built a dwelling on the land in reliance on a Licence to Occupy granted to 1hem by the then Motairehe 1 Incorporation for a term of 30 years. There was a mOligage over the dwelling and apparently Noeleen Davies took responsibility for repaying the debt to the Home Morigage Company. Mr and Mrs Davies ask that the 124 Whangarei MB 192 COutt recognise Noeleen's payment of the cost of the dwelling by detennining her to be the owner of the dwelling....

3. Heard v Albert - Rotohokahoka F6 Trust (2016) 147 Waiariki MB 212 (147 WAR 212) [pdf, 190 KB]

   ...access agreement coming to an end the applicant’s financial situation is now dire and not set to improve in the near future. 147 Waiariki MB 214 [7] In addition counsel argues that the action taken by the applicant was a direct response to the consequences of the applicant being able to operate his bike experience tourist attraction from a site and now has no income. [8] Counsel further submits that the applicant’s wife is the sole income earner in the househol...

4. MLC - 2017 Nov - Judge Craig Coxhead’s Conference Report [pdf, 178 KB]

   ...educational purposes. Publication of recordings in this manner “enables the public to view entire, unedited proceedings” and at the same time “enables the Court to retain control of the recordings”. It would be interesting to see the response if our Maori Land Court required the parties’ written submissions in upcoming cases to be uploaded to the Maori land Court website prior to hearings. Besides the opening ceremony as mentioned, a further highlight of the Confer...

5. E53 Frances Stead - EIC - s274 party [pdf, 677 KB]

   ...13/05/2016. Application from America's Cup Bermuda (ACBDA), #P0018/16 2) San Francisco Planning Department Case No. 2010.0493E State Clearinghouse No. 2011022040 Draft EIR Publication Date: July 11, 2011 8. I am not generally satisfied with the responses provided by Panuku on these matters. a) There seems to have been no movement by Panuku on the main issue raised of NOT going ahead with the Hobson Wharf extension and shed construction, until and unless all bases are exhausted...

6. MLC - Comprehensive Whānau Trust Terms - example [doc, 45 KB]

   ...replaced by an appropriate figure, percentage or name. Finally – please note that this example is intended to provide you with general information only. The Ministry of Justice makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information contained herein. Any final terms of trust are subject to confirmation by the Māori Land Court in accordance with sections 219 or 244 of Te Ture Whenua Māori...

7. CW-v-XD-2015-NZDT-878-4-September-2015 [pdf, 115 KB]

   ...clearly stated that the damage was caused by the contractor. At the hearing, XD also said that he did not know who caused the damage but that it was most likely a contractor. However, his view was that because CW engaged the contractors then he is responsible for their actions. [12] The law does not support XD’s view. A third person can only be liable for someone else’s actions where they have direct control over them. For example an employer may sometimes be liable for the...

8. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...right of everyone to the observance of the principles of natural justice. The Bill inserts new sections 25A and 25B into the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004. New section 25A requires the chief executive of the responsible government department to assess the effect of application pending at the commencement of the Act on fishing resources. New section 25B(1)(a) requires the chief executive to consult with persons and organisations that the chief exe...

9. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...an IMP however, the term is commonly applied to a resource management plan prepared by an Iwi, Iwi Authority, Rūnanga or Hapū. IMPs are generally prepared as an expression of rangatiratanga to help Iwi and Hapū exercise their kaitiaki roles and responsibilities through local government planning processes. An IMP is a written statement identifying important issues regarding the use of natural and physical resources in a particular area.[1] 5. Clause 5 of the Bill amends sections 61(2...

10. BORA Legal Services Bill [pdf, 290 KB]

    ...requirement to go first to the Review Authority are justifiable under s 5. They restrict but do not oust the right to seek a judicial review, or render the right incapable of effective exercise and apply only to lawyers. They are a proportionate response to problem of delays in the administration of the legal aid system which have a direct bearing on public confidence in the system. Offence with reverse onus 14. Clause 111(a) of the Bill creates an offence that place a reverse onus...