Search Results

1. Moanaroa v Ruwhiu - The Kaiawhina Trust (2014) 91 Taitokerau MB 29 (91 TTK 29) [pdf, 130 KB]

   ...I am not satisfied that the grounds are made out for the Court to intervene on an exparte basis and remove the current trustees. A clear case has not been made out that the trustees are in default of their trustee obligations. Who exactly is responsible for the mortgagee sale is not clear. Furthermore, even if there was evidence to suggest that the trustees were in default of their obligations I would need to have very solid grounds to remove them on an exparte basis without giving...

2. N v Tangilanu [2015] NZIACDT 37 (31 March 2015) [pdf, 131 KB]

   ...[6.2.2] The complainants only ascertained the position from their own inquiries. [6.2.3] Ms Tangilanu breached her obligation to report when Immigration New Zealand declined the request, and accordingly breached clause 3(a) for that reason. The responses [7] Ms Tangilanu did not file a statement of reply; she was not required to do so if she accepted the contents of the Statement of Complaint. [8] The complainants did not file a statement of reply, and they too were not required to d...

3. Millanta v Millanta-Lowrey - Ngaki Tukaki Millanta Whānau Trust (2015) 333 Aotea MB 38 (333 AOT 38) [pdf, 133 KB]

   ...adhere to terms of trust and core accountabilities, there is evidence from Josephine and her sons of a dysfunction within the trust such that they feel the trust must be dissolved. And Kevin, Stephen and Vincent all seek to be relieved of their responsibilities as trustees. [26] In this particular case what seems to me to be important features are the following. The first is the fact that the applicant, Josephine Ngaki Tukaki Millanta herself supported the establishment in the tru...

4. ENVC Hearing 6Oct14 WML evidence chief Darryl Smith [pdf, 99 KB]

   ...marina. (d) I have developed a concept for a complete overhaul of the 1 marina hard stand and water treatment systems, put it to tender and project managed it to its successful completion on time and under budget. (e) I am responsible for the day to day running, preventative maintenance as well as accounts and customer service for both the marina operations and the haul out / hard stand operations at Whitianga Marina. 5. I was asked by Waiheke Marinas Lt...

5. Whata - The Proprietors of Ruahine Kuharua Incorporation (2015) 120 Waiariki MB 204 (120 WAR 204) [pdf, 209 KB]

   ...coming to a decision on whether to exercise my discretion under section 269(6) regarding whether I confirm their appointment. [18] I am not prepared to do so given the number of shareholders who supported the other candidates. They were not responsible for the mistake. Those who correctly filled out their proxy forms acted in good faith and their views should not be ignored. In the interests of fairness a new election will need to be conducted. Order [19] There is an order unde...

6. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...settlement was responded to by the defendant on 31 January 2013 and contained a counter-proposal by the defendant to accept the sum of $7,500 (the entire amount ordered by the Employment Relations Authority) to settle the matter. The plaintiff’s response [10] Mr Tayler, advocate for the plaintiff, in written submissions dated 8 May 2013, submits that the defendant’s claim for costs is so defective as to make it impossible for the Court to give Mr Davidson any award. In partic...

7. Deputy Registrar - Waihou A8C1A2E (2012) 39 Taitokerau MB 184 (39 TTK 184) [pdf, 131 KB]

   ...four blocks of Maori freehold land situated at Rahiri: Waihou A8C1A2E, A8C1B1, A8C1B2B4 and A8C1B3. [3] On 26 February 2009 1 I granted a survey requisition in relation to Waihou A8C1A2E, A8C1B1 and A8C1B3. Subsequently, the survey technician responsible for undertaking the work, Mr Ian Spencer, brought to my attention that a survey plan prepared in 1988, ML 15824, had erroneously defined the boundaries of the neighbouring Waihou A8C1B2B4. In short, ML 15824 had mistakenly includ...

8. [2014] NZEmpC 102 Yan v Commissioner of Inland Revenue [pdf, 69 KB]

   ...defendant’s application. The plaintiff is entitled to costs. Mr Scott was not in a position to address me on the issue at the conclusion of the hearing. He is to do so by 4 pm 20 June 2014. The defendant will have until 4 pm 25 June 2014 to file a response. Christina Inglis Judge Judgment signed at 10 am on 19 June 2014 7 Highgate on Broadway Ltd v Devine [2012] NZHC 2288. 8 At [8]....

9. Herewini - Maungaroa No.1 Section 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) [pdf, 76 KB]

   ...dwelling and the improvements they have made since 2007. On balance I consider they have demonstrated that they repaid some of the $10,000. I also consider that the work and investment made by the applicants has been significant. They have taken responsibility for the payment of the rates, and as others of the family present noted, they have been the ahi kaa on the land. I also consider that they are alive to the concerns of the family and that they will open their home to all who wi...

10. Barrell - Lot 27 DP40840 (2011) 27 Taitokerau MB 241 (27 TTK 241) [pdf, 69 KB]

    ...remained registered against the title. Mr Barrell brought the current application to change the status of the land. Mr and Mrs Barrell’s solicitors asked that the application to change status be dealt with on an urgent basis but this brought no response from the Court registry. It would seem that Mr and Mrs Barrell’s solicitors took up the issue of the status of the land with LINZ. On 3 September 2008 LINZ issued the departmental dealing “confirming the title status and de...