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1. McGregor v Hutchison - Mangamaire B13A Trust (2015) 40 Tākitimu MB 19 (40 TKT 19) [pdf, 176 KB]

   ...applicants, as foreshadowed, say that regardless of any service Mr Hutchison may or may not have provided, he has been convicted of defrauding that trust ought to be a sufficient reason for him to be removed. Moreover, they infer that it was the responsibility of the other trustees to have alerted the Court to this conviction so that Mr Hutchison could have been removed soon after the District Court decision [12] This case has similarities to another I dealt with in February in this...

2. Mohammadalibeigy v Yap [2015] NZIACDT 7 (13 February 2015) [pdf, 88 KB]

   ...management (clause 3 of the Code). Failure to provide refund, in breach of clause 3(d) of the Code [7.3] The complainant paid more than the cost of the disbursement for a NZQA assessment, and Mr Yap has not refunded the unexpended balance. The Responses [8] Mr Yap filed a statement of reply, which did not dispute the facts or ground for complaint set out in the Statement of Complaint. [9] The complainant and Mr Yap informed the Tribunal that Mr Yap had refunded fees and the compl...

3. AN v Secretary of Justice 30 January 2013 NZRA 000026 [pdf, 84 KB]

   ...clarify the limits on work on legal aid files that can be done by non-lawyers. The ambiguities have been removed. It is therefore difficult to see justification for the type of mentoring that the first condition requires. 20. The Secretary’s response was given on 11 December 2012. He refers to reg 10 of the Legal Services (Quality Assurance) Regulations 2011 (Regulations) which prescribes the conditions the Secretary may impose including a mentoring condition (r 10(1)(b) �...

4. Recorded Music NZ Limited v Telecom NZ 7011 [2015] NZCOP 1 [pdf, 59 KB]

   ...s.122O in circumstances where the account holder has not had the full opportunity to rectify the position vis a vis ongoing infringement. [23] The Tribunal appreciates the difficulty that this may cause for rights owners, who of course are not responsible for sending infringement notices, yet who bear the consequences of any errors in those notices that cause them to be invalidated. 3 It must identify the following: the rights owner;...

5. Deputy Registrar - Paringa MR 727A & Paringa MR 729A (2012) 14 Te Waipounamu MB 26 (14 TWP 26) [pdf, 170 KB]

   ...agreements were not honoured. [29] A letter was also received on 4 October 1988 by Te Rūnanga o Te Koeti Turanga, who wished to claim succession to the land, as descendants of Kere Tutoko and Te Koeti Turanga. This application was filed in response to evidence raised at the Waitangi Tribunal hearings in Greymouth in September 1988, which stated that there were no owners of these blocks. [30] This evidence is insufficient to substantiate these claims. Decision [31] The res...

6. [2015] NZSSAA 012, 13 March [pdf, 51 KB]

   ...home and family in New Zealand. The agreement they have 2 between them is that they will spend six months of each year in each other’s country. This enables them to maintain contact with their respective families. In addition, each is responsible for the outgoings on their own properties. The appellant says that the loss of his New Zealand Superannuation has significant financial consequences for him and has resulted in him having to return to work. The appellant says that...

7. ENVC Matiatia minute of the court 20140404 [pdf, 225 KB]

   ...during April and May, and requires each group to report by 30 Mayas to the state of conferencing in their area, including as to what items have been agreed and what items remain in dispute. This will enable the timely preparation of all evidence in response to that on behalf of the Applicant. Please note that these directions do not replace those already issued by the Court, and that the dates for preparation of evidence indicated in the Court's previous direction, particularly p...

8. ADA and ADB v ZXA and ZWZ [2013] NZDT 205 (10 July 2013) [pdf, 121 KB]

   ...situation. Therefore, I find this action reasonable in these particular circumstances. [23] For these reasons, I do not consider ADA and ADB should be liable for the costs of CM’s medical treatment. [24] If I had found ADA and ADB responsible for CM’s vet bills, they would not have been found liable for the loss of the stud fee. Any loss claimed should be foreseeable. Not all pedigree dogs are stud dogs. The reasonable person is unlikely to know whether a particula...

9. AAR and AAS v ZZI Ltd [2010] NZDT 14 (21 July 2010) [pdf, 91 KB]

   ...I am unable to allow the Applicants’ claim. The applicants had insufficient evidence of any misrepresentation or actionable mistake, and they failed to correctly ascertain the contents of the Agreement. This is not something for which JR is responsible, and there is accordingly no obligation on him to return the deposit. [23] For these reasons, an order has been made dismissing the claim.

10. Savage-Pickett - Section 15B3 Block VIII Tairua Survey District (2011) 30 Waikato Maniapoto MB 201 (30 WMN 201) [pdf, 75 KB]

    ...I adjourned the matter to chambers to allow Ms Hall to file further information requested by the Court. Once that information was provided by Ms Hall, I then gave the trustees and other interested parties an opportunity to make submissions in response. Background [4] Neither the certificates of title nor the computer freehold register in respect of the block indicate clearly and unequivocally what the status of the land is. Certificate of Title 310/113 South Auckland Registry (...