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1. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...clear that the sale price had to be over $900,000. She claims that advertising the property in this way affected the bids received at the auction of the property, and resulted in it being passed in. [10] The licensee maintains that he was not responsible for the preparation and configuration of the website. However, he maintains that the complainant’s property was not in the wrong price bracket. 3 Accusations of Manipulating Data [11] The complainant also raised issues...

2. Austell v Somerset LCRO 76 / 2009 (2 September 2009) [pdf, 113 KB]

   ...Austell who was requested to provide a copy of the draft separation agreement he had prepared and a breakdown of the time he spent with Ms Somerset, her former husband, and accountants or other advisors. Mr Austell responded on 10 November. In his response he focussed on the quantum of costs. The Standards Committee considered the matter further and sought additional information. On 12 January 2009 the Society wrote to Mr Austell noting the allegation of overcharging and requesting...

3. Apatu v Trustees of Owhaoko C Trust - Owhaoko C 1 and C 2 [2010] 2010 Maori Appellate Court MB 34 (2010 APPEAL 34) [pdf, 116 KB]

   ...trustees’ duty to account is not effective. (g) Well-intentioned trustees should respond generously to beneficiaries’ reasonable requests for information whether they are bound to do so or not. Trustees should provide a full rather than a reluctant response to requests for information by beneficiaries. (h) A beneficiary is entitled to inspect trust accounts and documents but if the beneficiary requires copies then he or she should pay the necessary expense for this. If the benef...

4. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...Savage [23] Francis Savage filed a letter with the Court objecting to the appointment of Malcolm Campbell and Alex Wilson as trustees. Ms Savage submitted that her previous dealings with Mr Campbell demonstrate that he is not suitable to be a responsible trustee. She also submitted that Alex Wilson has no “legacy” to the whenua. The Law [24] The Court has the power to add, reduce or replace trustees pursuant to s 239 of Te Ture Whenua Māori Act 1993. In terms of the appoin...

5. Robinson v ACC [2012] NZACA 9 [pdf, 640 KB]

   ...ruling of the Authority" were not binding on the Corporation, because all the High Court was doing, was indicating that it accepted, based on the agreement of the parties, that the Authority had jurisdiction in that particular case. [35] In response to the Authority's questions, Ms Becroft said that the doctrine of res judicata did not estop the Corporation from reversing its position, or ignoring the Langhorne orders, because the High Court did not make a decision. Although M...

6. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...confirmation of alienations, paIiicularly under the 1993 Act. Confirmation involves the exercise of a judicial power and discretion by the Court. It is not a mere collateral notification exercise. Apart from other considerations, the Comi has the responsibility to ensure that the right of first refusal is offered to the preferred classes of alienees: section 147 A and 152(1 )(t). This goes to the heaIt of the Act. The legal and social impOliance of the alienation confirmation provisio...

7. Sargent - Ngatekawa Block (2008) 126 Whangarei MB 134 (126 WH 134) [pdf, 658 KB]

   ...to constitute an aim whenua trust over the Ngatekawa Block pursuant to section 215 of Te Ture Whenua Maori Act 1993 ("the Act"). It is appropriate that the land be administered by a trust. The only issue is who should be appointed as responsible trustees and what the terms of trust should be. Procellural BucI!grouml [2] The application began as an application by the lessee of Ngatekawa, Ataidal' Forests Limited, to appoint agents to deal with the forestry lease over...

8. AVS Operating Guidelines for District Courts [pdf, 817 KB]

   ...2.2 Technical Failure In the event of technical failure while preparing for, or during, a hearing, court staff must, in all instances, contact the service desk on ext. 50600 or 0800 425 555 and log an incident. This will ensure that standard response times are adhered to. Staff should not contact Kodum directly. Staff must ensure that they give the service desk all the information so the correct priority can be given to the job i.e. court required that day, time before court is...

9. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 849 KB]

   ...assessment taking into account the additional information that has been received since the completion of the Report (Assessment of the Application); (c) An update following expert witness conferencing, referring to the JWS where appropriate, and a response to issues raised in the Applicant’s evidence (Update Following Expert Witness Conferencing / Response to Applicant’s Evidence); (d) Comments on draft conditions and proposed mitigation (Conditions / Mitigation); and (e)...

10. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

    ...David Nathan Whānau Trust on the terms of trust set out in the draft trust order now approved and amended by the Court. The Tupuna is Neville David Nathan; and (b) Sections 220 and 222 appointing: Name 1 Neville David Nathan as responsible trustee and vesting the above General land interests [and asset namely the house] in him in his capacity as responsible trustee. Identification of evidence that may be of assistance in remedying the mistake or omission...