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1. Tata v Kara - Waiwhakaata 3E4C Lot 2A (2016)121 Waikato Maniapoto MB 2 (121 WMN 2) [pdf, 177 KB]

   ...concerning the ‘4060 APA’ bank account (“the bank account”). 1 [2] The application is opposed by the first and second respondents. [3] Pursuant to my directions, ANZ were served with a copy of the application. ANZ have not filed a response to the application, and it appears that they will simply abide the decision of the Court. [4] In a minute dated 29 March 2016, I indicated that I would determine this application on the papers, although I granted leave for ANZ, or...

2. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   ...his performance during his tenure. [7] On 20 December 2013, the WDHB provided Mr Youngman with a number of documents and noted that some documents were either withheld or redacted pursuant to s 29(1)(a) and s 29(1)(f) of the Privacy Act. [8] In response to a request made on 24 March 2014 for documents Mr Youngman considered should exist and had not been provided, the WDHB informed him that it would not be releasing the information as the information either did not exist or could not...

3. BORA Biofuel Bill [pdf, 292 KB]

   ...warrant is required for a search for evidence of the commission of an offence or to investigate a civil penalty and may be issued to a police officer or any employee of the Ministry authorised by the Secretary (the Chief Executive of the Ministry responsible for the Act). That person may use reasonable force to gain entry and for breaking open any article, search for and seize any thing as authorised by the warrant, take copies of documents, or require a person to reproduce information r...

4. [2018] NZEnvC 118 Hamilton City Council [pdf, 208 KB]

   ...paragraphs no later than 5.00pm on 25 May 2018. [2] Mr and Mrs Julian filed a submission on 1 June 2018, and a joint memorandum of counsel for Hamilton City Council (the Council) and Tainui Group Holdings Limited (TGH) was also filed on the same day. Responses were sought from the Council and TGH to the Julians' submission, but both advised they had nothing to reply as the parties had agreed about the further proposed conditions. The Goodwins elected not to make any further s...

5. LCRO 225/2015 MM v QK (24 July 2018) [pdf, 194 KB]

   ...they considered had been caused by her letter to the agents. He also ‘required’ information from her which she was not obliged to supply and she did not do so. [21] In paragraph 6 of his letter Mr QK said: In the absence of a satisfactory response, and withdrawal of your allegations, my clients reserve their rights completely, in both the civil and criminal jurisdictions. [22] Ms MM perceived this to be a “threat”. That she did so is not questioned and is understandable....

6. Rahim v The Real Estate Agents Authority (CAC 416) and Dowdle, Stempa and Eves [2018] NZREADT 39 [pdf, 174 KB]

   ...2012, and any other regulations or rules made pursuant to the Act. The Tribunal does not have jurisdiction to consider an alleged breach of the Fair Trading Act 1986. [18] Secondly, it is relevant to record that the appellant, Ms Rahim, has the responsibility of persuading the Tribunal that the Committee was wrong to decide to take no further action on her complaint. [19] As the Tribunal said in its decision in Eichelbaum v Real Estate Agents Authority (CAC 303),3 appeal hearin...

7. Ballance Agri-Nutrients Limited [pdf, 887 KB]

   ...fertiliser application technology (for ground and aerial spreading). (j) There is established scientific research1 that identifies rates of up to 50kg of nitrogen per hectare as the agronomically optimal application rate with a reasonably linear response for pasture growth up to that figure. (k) Independent modelling2 shows how changing release of the nitrogen via a slow release fertiliser that releases over 40 days can dramatically reduce nitrogen leaching. (l) The Appella...

8. Northcroft - Estate of Wallingford Northcroft (2006) 175 Aotea 189 (175 AOT 189) [pdf, 335 KB]

   ...on 14 ~Aay 2006 and from Jill White-Northcroft on 21 May 2006. Objections [8] The essence of the objections was that Lara Northcroft was not of the blood and according to tikanga Maori, claimed the objectors, should not succeed to the land. In response Mrs Northcroft highlighted the fact that she and her late husband had raised her sister as their child and this was Minute Book: 175 AOT 191 acknowledged by clause 5 of his will. This was disputed by some of the objectors. Mrs N...

9. Amai - Ruawahia 2B (2006) 297 Rotorua MB 135 (297 ROT 135) [pdf, 375 KB]

   ...to believe that he was speaking on my behalf. Mr Perenara also refers to letters contained within the Court file. He fails to appreciate that the judicial arm of the Maori Land Court is quite independent of and has arms length contact with those responsible for keeping the record of the Maori Land Court and administering applications in those whose function it is to try to help people on matters pertaining to 11aori land. The question of la\v involved is not especially complicated and...

10. LCRO 123/2013 BD v FG (26 June 2017) [pdf, 129 KB]

    ...was guilty of a criminal offence, it did not serve Mr BD’s main purpose. In terms of Ms FG’s professional obligations however, whether the advice furthered Mr BD’s purposes is not the proper measure. [21] Whether Ms FG met her professional responsibilities is not contingent on whether her opinion was right, wrong or met Mr BD’s expectations. Ms FG was obliged to apply herself competently and diligently to the task of providing her legal opinion, to the standard Mr BD was e...