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1. Toothill v Morrell - Paeroa 1E14 (Urupā) - Te Kopua Urupā (2025) 134 Tairāwhiti MB 264 (134 TRW 264) [pdf, 303 KB]

   ...and Te Pirihi Pata; (b) under s 222 appointing Darryl John Robinson, Chris William Marsh, Beverley June Priston, Virginia Elizabeth Veronica Douglas, Kathryn Gwen Skipper-King, Mathew Christopher Morrell, and Karen Anne Skipper- Hawaikirangi as responsible trustees; and (c) under s 338(7) vesting the land in the responsible trustees. I whakapuaki i te 4.30 pm i Te Whanganui a Tara, i te 25 o ngā rā o Here-turi-kōkā i te tau 2025. Pronounced at 4.30pm in Wellington on 25...

2. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   ...Archiving of files and ensuring wills and trusts were up to date. 4. The pursuit of continuing legal education. 5. Assisting with the “final wind-down of a nominee company”, as had been anticipated by the Tribunal in its decision. [18] In response Ms Ollivier warned against supervision of staff but stated that “general, not file specific, mentoring may be permitted”. Ms Ollivier went on to state the Society’s expectation that “… any contact with clients about updating...

3. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...produced some inconsistent approaches to defining the scope of privilege.  Some cases have led to  Parliament and the Courts disagreeing on the scope and application of privilege.   Two particularly  important examples can be found in the Privileges Committee’s responses to Attorney‐General and  Gow v Leigh1 and Jennings v Buchanan 2.   19. The  effects of  this  issue  are  two‐fold.    The practical  effects  are discusse...

4. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...application despite not having been accepted as an existing staff member. [19] The plaintiff remained working in the half shell mussel shed and in the fish factory until 14 July 2011 when her employment ceased. Her written application for work in response to the newspaper advertisement was declined without reasons. [20] That cessation of her employment was at Talley’s’ initiative rather than Mrs Turner’s. She wished to continue to be employed continuously as she had been...

5. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...allegations against Mr Talley personally may be difficult to prove without obtaining documents for which the privilege is claimed. However, it is the first defendant that was and is the employer of the plaintiff’s members and which will have primary responsibility for the breaches which will be required to be proved before there is any question of secondary or party breach by Mr Talley. [53] Compliance, being the primary remedy or breach of the Act, will, if granted, require S...

6. [2015] NZEmpC 176 Lean Meats Oamaru Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 222 KB]

   ...Amendment Act 2008, s 6. 3 The Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act, s 2(2). 4 This section was replaced on 6 March 2015 by s 50 of the Employment Relations Amendment Act 2014. Lean Meats’ response was that it was not a good time to raise the issue. The clause was incorporated unaltered in the 2010 CEA which was signed by the Union in January 2011 and by Lean Meats in March 2011. Mr Carran also said that the Union had nev...

7. Advantage Realty Limited v CAC303 & Ors / Gambino & Anor v CAC303 & Anor [2015] NZREADT 83 [pdf, 235 KB]

   ...11th June, 18th June and 24th June with audiences of licensed supervising agents, branch managers and salespeople. Total number of licensees attending was estimated at four hundred and thirty. With reference to (i) above – phone interviews. A response was requested to the question “with reference to client consent for a licensee to acquire an interest in property what, in your opinion, what would be the source of the figure for provisional valuation if required under Statement B...

8. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   ...complete. Details of payments made as a result of the Order 45. A letter was sent to the Māori Trustee on 15 March 2012, however more information was needed and this has since been provided (20 June 2012). We are currently waiting on a response. Reference to areas of difficulty 46. The legal doctrine of res judicata may arise in this application. This application relies on similar if not the same basis as the section 45 determined by Deputy Chief Judge Smith in...

9. Matauri Bay Properties Ltd v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 and 71 (2015) 117 Taitokerau MB 39 (117 TTK 39) [pdf, 603 KB]

   117 Taitokerau MB 39 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150004779 UNDER Sections 151, 152 and 158 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Lot 1 DP 451540 & 71 other Lots (Formerly Lot 191 DP 393664 of Matauri X) and Lot 192 DP 393664 – Confirmation of Alienation BETWEEN MATAURI BAY PROPERTIES LIMITED (in receivership and liquidation) and STRATEGIC NOMINEES LIMITED (in receivership) Applicants AND PROPRE

10. Davies v Trustees of Te Tii Waitangi B3 Ahu Whenua Trust - Te Tii Waitangi B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) [pdf, 397 KB]

    ...beneficiaries fully understood the transaction they were being asked to enter into. While the trustees may have had the best interests of all the beneficiaries in mind when approaching the transaction, nevertheless that does not relieve them of their responsibilities to the individual beneficiaries; (c) Judge Armstrong questioned Mr Takimoana during the hearing and asked if he had ever talked to his mother about what might happen if the trustees said no to a further lease at the...