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1. MVDT Annual Report 2016-2017 [pdf, 206 KB]

   ...resolved. (c) Detail cases which, in our opinion, require special mention. (d) Note that we have no recommendations regarding amendments to the Act. (e) Highlight the ongoing co-operation between the Tribunal and other agencies that have responsibilities in the motor vehicle and consumer protection areas. 1. Summary of applications dealt with The Tribunal received 399 applications this year, 57 more than last year and 141 more than in 2014-2015. This equates to a 55%...

2. Edwards - Lot 11 DP 4901 (2006) 110 Wairoa MB 161 (110 WR 161) [pdf, 353 KB]

   ...There appeared to be one other house site in the area proposed to be partitioned and two house sites with access, in the balance area. Minute Book: 110 WR 162 [6] The block is vested in an ahu whenua trust, with the Maori Trustee being the responsible trustee. The :NIaori Trustee has consented to the partition of the block as proposed by Mr Edwards. [7] The land has been leased to Mr Edwards since 1986. The current lease is for ten years from 1 October 1996 to 30 September 2006...

3. OP v RS LCRO 159/2015 [pdf, 89 KB]

   ...legal executive. [22] Mrs OP says she is not certain what the $2,000 ordered by the Committee was intended to cover. In my view it was intended to be a contribution towards the costs of fixing the main error made while the file was Ms RS’s responsibility. Essentially, that appears to be the filing of the application for probate as well as the Notice. As Ms RS appears to have accepted that the Notice was filed by her firm in error, presumably that error can be addressed by an...

4. [2016] NZEmpC 119 Initiative! Un Ltd v Rahman [pdf, 102 KB]

   ...was brought for an ulterior reason, relating to the solvency of the plaintiff, I am satisfied that the appeal is brought for a proper reason. [16] Turning to whether the successful party at first instance will be injuriously affected, Mr Moore responsibly conceded that the plaintiff has no information about the defendant. [17] Similarly, the effect on third parties could be best described as neutral. There are no third parties in the sense I understand that test to have been refe...

5. Kemp v Kemp - Margaret Marata Kemp [2010] 2010 Maori Appellate Court MB 7 (2010 APPEAL 7) [pdf, 70 KB]

   ...costs being met as they say this was in accordance with the wishes of a whānau hui. 2010 Maori Appellate Court MB 8 Grounds of appeal [4] William Kemp raised three main grounds of appeal, which we summarise as: a) Bradley Kemp is responsible for all debts of their mother including the cost of the headstone; b) Bradley Kemp personally dealt with the headstone supplier and was therefore personally liable for the debt; and c) the cost of the headstone should not have co...

6. [2017] NZEmpC 76 Dent v Waikato DHB [pdf, 92 KB]

   ...as to the documents arises from the preparation of the bundle of documents, which has been directed to be completed for the purposes of the hearing of the substantive proceedings. [2] Mr Russell, counsel for WDHB, had previously agreed to take responsibility for the preparation of the bundle of documents. On behalf of the Board, he has taken objection to the extent of documents which the plaintiff, Ms Dent, wishes to have included in the bundle. [3] In support of the applicati...

7. Legal submissions of counsel for Otago Regional Council re new proposed rps [pdf, 180 KB]

   ...Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: 1 These legal submissions are filed on behalf of the Otago Regional Council (Council or ORC): (a) in response to the direction of the Court for the Council to file legal submissions on the relevance of the new proposed regional policy statement (new proposed RPS) to Plan Change 7 (PC7) when it is notified and the steps to be taken to o...

8. A v The Real Estate Agents Authority (CAC X) and B [2018] NZREADT 62 [pdf, 172 KB]

   ...the vendors. They and the vendors then entered into negotiations as to the offer price. On 26 December 2017, Ms B told them that the vendors were not prepared to move from $930,000, as they had already dropped their price from $960,000. Their response was that if Ms B wanted to make the deal happen, she should consider, for example, reducing the commission fee charged to the vendors. [4] On 31 December 2017, Mr A told Ms B, by email, that he and his wife had made a “tough deci...

9. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...Family Trust Limited has leave to seek a further hearing as part of this application. Reasons 1. Mr L (of L Family Trust Limited) and Mr M are adjoining neighbours in a cross-lease property. 2. Mr L considers that Mr M has not kept to his responsibilities under the cross-lease arrangements. He seeks an order that the roof be repaired and repainted, that the walls of Mr M’s flat be returned to their original colour, that a fence be painted and that he be reimbursed for costs...

10. Hennessy v Parkinson - Himatangi Block 7 (2019) 410 Aotea MB 238 (410 AOT 238) [pdf, 132 KB]

    ...desecration of the land was not mandated by a constituted hui of the trustees or beneficiaries. Major structural change to the landscape would never gain the support of everyone. Some trustees have encouraged an action which breaches their duties as responsible trustees. This whenua retains great cultural and spiritual significance to our people. This is papakainga land, my mother was born here, my grandfather died here. We are ahi kaa, mana whenua. We are the land and the land...