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1. Jarrett - Succession to Ngapeeti Haora [2020] Chief Judge's MB 561 (2020 CJ 561) [pdf, 311 KB]

   ...that any shares he might be entitled to could be signed over to the applicant. Mr Marsh has also provided to the Court an uncertified copy of his brother Desmond’s will which records him as the main beneficiary to his brother’s estate. No response in relation to the Report and its findings was received from his sister Toni Marsh until the date of the hearing. This was despite extensive efforts to contact her. Toni Marsh supports the dismissal of this application. [12] I start...

2. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...the evidence starts accumulating from the moment the assessor’s report is filed and a Chief Executive’s determination that there is an eligible claim. The procedures adopted by the Tribunal require all the parties to file statements and responses which become part of the evidential record, with deponents being required, on request, to answer questions at the hearing. In this case, evidence was given at the hearing by: i. Assessor ii. Mrs Brockie iii. Mr Stradling iv....

3. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 5 [pdf, 188 KB]

   ...that the property’s cladding type was associated with possible weathertightness issues, and asked them if they were aware of any past or current issues in relation to the property (referring specifically to a de-humidifier she had seen). Their response was that there were none. [35] Mrs Crockett agreed in cross-examination that it is critical to disclose the nature of a property’s construction and cladding and any potential risk arising, and to advise potential purchasers of th...

4. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [pdf, 154 KB]

   ...of the services to be provided, state the fees and set out the refund policy. The written agreement with the client did not include such information. Instead, it listed the details of unlicensed staff members. It was apparent from Ms Ho’s response to the Authority’s letter of concern that she did not understand the obligations of a licensed immigration adviser. [33] On 14 September 2017, the Authority formally advised Ms Ho of the complaint and set out the details. Her exp...

5. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix B [pdf, 292 KB]

   ...Schedule, minor amendment for clarity. 26 Clause 16 First Schedule, minor amendment for consistency. 27 Director General of Conservation 71180.01. 28 Pisa Holdings and Others 71129.09. 29 Ibid. 30 Director General of Conservation 71180.01. 31 Wise Response Society Inc 70052.03. 32 Landpro Limited 71159.08. D E E M E D W A T E R P E R M I T S & R E P L A C E M E N T W A T E R P E R M I T S 10 Proposed Plan Change 7 (Water Permits) to the Regional Plan: Water for O...

6. [2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 276 KB]

   ...2015. Tranzit’s reasons for the refusal relied on cl 7.5 which I have found has no effect. This was clearly a breach of s 18(4) which restricts an employer from unreasonably withholding consent to an annual holidays request. The company’s response led Mr Morgan to believe he would not be entitled to annual leave in the subsequent summer holidays. Tranzit also paid out the eight per cent payments in advance of the unpaid leave period in a manner bearing similarities to the re...

7. Paenga v Te Maari - succession to Eileen Te Atakura Kingi (2020) 425 Aotea MB 248 (425 AOT 248) [pdf, 266 KB]

   ...“whangai” normally involved taking a child at birth or in early infancy and raising it with its “whangai” parents or parent or until the “whangai” marries. 4. If there were no close relatives and the “whangai” had assumed the responsibilities of caring for the adoptive parents till old age then the “whangai” would receive the whole of the interest of the (matua whangai). 5. If there were circumstances falling outside these principles, then those will be tak...

8. Pickering v Reihana - Motatau 2 Section 21B2E (2021) 231 Taitokerau MB 103 (231 TTK 103) [pdf, 323 KB]

   ...after Ngawiki’s death. The following item was on the agenda: Finalise Occupation Licence details (a) For Ngawiki REIHANA and her successors [49] The minutes record the following: 1. Finalise Occupation Licence details Ken – It is the responsibility of the Trust to grant any Occupation Licence on the Ahu Whenua Trust Land … the Maori Land Court Approve the Occupation Order. A Licence must be granted for each person (family member) then their successors. An occupat...

9. Karena v Whitfield - Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170) [pdf, 302 KB]

   ...explanation of why his previous funding had fallen through, and that a source of funding might be available by the 25th February 2017.12 His request for this short extension was treated as if it was a part of the lapsed agreement,13 rather than the response of a member of the PCA to the new agreement. [35] Mr Karena, as a member of the PCA, was entitled to the protections given to the PCA in what was a fresh application for confirmation of an alienation. This includes the full op...

10. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

    ...was to hold the title and account to the appellant and her husband. [31] When the appellant and her husband sold the title to their home to the family trust subject to the deed of lease, the trust gained nothing of value; all the benefits and responsibilities of ownership lay with the appellant and her husband. [32] The terms of the sale and purchase agreement ensured that the terms of the deed of lease governed the respective rights of the trust as purchaser and the appellant and...