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1. Kawhia – Waiomatatini C and Wairoa 1A (2024) 126 Tairāwhiti MB 196 (126 TRW 196) [pdf, 469 KB]

   ...whenua trust shall be held in trust for the persons beneficially entitled to the land … in proportion to their several interests in the land. [16] Mā w 223 e whakamārama atu ngā kawenga o ngā tarahitī: 223 General functions of responsible trustees Every person who is appointed as a responsible trustee of a trust constituted under this Part shall be responsible for— (a) carrying out the terms of the trust: (b) the proper administration and mana...

2. [2023] NZEnvC 148 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 338 KB]

   ...standing of Poutama to appeal given the restrictions on rights of appeal set out in s 58 of the Act, and res judicata / issues estoppel to the extent the appeal raises issues previously determined by this Court, as well as other issues. Poutama’s response was received on 11 April 2022. In summary, Poutama did not agree to the timetable proposed by Heritage NZ and considered the proceeding should be stayed pending outcome of its appeal to the High Court.2 Poutama also referred...

3. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...Ms NH refers to losses well in excess of $450,000. [28] Ms NH then gives details of her complaints by way of extracts from legal advice provided to her: 1. LIABILITY ... the clause should have included one that said that the purchaser was responsible for his own due diligence and was not to rely on anything I might have said. 6 2. DELAYS … There should have been a clause covering the consequence if he breached the clause (by adding a habitable space that would have needed...

4. [2025] NZREADT 38 - NC & DG v Coote & Miller (2 September 2025) [pdf, 276 KB]

   ...Tribunal’s decision. 13 [49] Having regard to the chronology above, it is submitted the licensees complied with r 10.7. The vendor spent thousands of dollars with the intention of selling a house with no issues. The vendor was clear in his response to the insufficient flashings that the window seals were replaced. There was a clear picture that the defects were being responded to responsibly. The vendor was acting in good faith, even where significant work was involved....

5. Memorandum of WIAL - Monthly Court Report - 29 August 2018 [pdf, 30 KB]

   ...Memorandum of Counsel for Wellington International Airport Limited Dated: 29 August 2018 Page 2 of 2 WEL98526 6928066.1 MAY IT PLEASE THE COURT: 1. This memorandum is filed on behalf of Wellington International Airport Limited (WIAL) in response to the Nineteenth Minute of the Environment Court dated 20 April 2018 and in particular the direction that WIAL file monthly progress reports. 2. As previously indicated, WIAL was preparing a response to the CAA’s reques...

6. Memorandum of Counsel for Wellington International Airport 1 August 2018 [pdf, 45 KB]

   ...Memorandum of Counsel for Wellington International Airport Limited Dated: 1 August 2018 Page 2 of 2 WEL98526 6770557.1 May it please the Court: 1. This memorandum is filed on behalf of Wellington International Airport Limited (WIAL) in response to the Nineteenth Minute of the Environment Court dated 20 April 2018 and in particular the direction that WIAL file monthly progress reports. 2. WIAL is still working on its response to the CAA’s request for some further...

7. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...enjoyed a harmonious working relationship for the previous year so that this event was clearly uncharacteristic. [37] Mr Bishop exaggerated the extent and importance of this outburst by Ms Bennet. It ought not to have occurred and the ultimate responsibility lay with Ms Bennet but Mr Bishop contributed to the situation by his insensitive behaviour. At the time, it was an isolated event and, while Mr Bishop was entitled to expect Ms Bennet not to repeat such behaviour, it did not...

8. [2011] NZEmpC 29 Bunton v Garden City Helicopters Ltd [pdf, 184 KB]

   ...and ―Contractor: Barry Brunton/Carbine Services‖. The first paragraph of this document states: This agreement does not constitute an employment contract, for service in an employee role. The contractor acknowledges and agrees, they are responsible for their own payment of taxes, levies and charges under the Income Tax Act, and ACC payable in New Zealand. Where the Contractor is GST registered, these charges referred to [herein], are deemed exclusive of GST, unless agreed o...

9. [2012] NZEmpC 40 Kaipara v Carter Holt Harvey Limited [pdf, 170 KB]

   ...responsibilities for the health and safety of other employees differentiates his circumstances from theirs and justifies a disparity of treatment by the company. In evidence, and while acknowledging his own failings, Mr Kaipara attempted to sheet home the responsibility for the failings of others to those other employees themselves and thereby sought to downplay his own responsibility for the danger to which they were put and, in particular, for the injury that occurred to one of t...

10. Hall v Opepe Farm Trust - Opepe Farm Trust (2014) 104 Waiariki MB 54 (104 WAR 54) [pdf, 218 KB]

    ...to confirm if they intended to seek costs from the respondents. 11 Mr McKechnie filed a memorandum with the Court on 16 September 2013 confirming that the interim trustees sought costs against all respondents. 12 Ms Opai filed memoranda in response. Mr Vane, now acting for the third respondents, also filed memoranda on costs. The Law [12] The relevant authorities regarding costs were considered by the Māori Appellate Court in Nicholls v Nicholls - Part Papaaroha 6B Block.1...