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1. Ruka - Rangihamama X3A and Omapere Taraire E (2007) 114 Whangarei MB 172 (114 WH 172) [pdf, 6.2 MB]

   ...right to complain about the performance of the trustees. Unfortunately, many of the complaints were very sweeping and it remains unclear to me what specifically caused the financial decline of the trust and the extent to which the trustees are responsible. I am unable to complete the review until I have a better understanding of these issues. [49] Therefore, pursuant to sections 40 and 98(9)(aa) of the Act I direct the Registrar to complete an inquiry and report into the financial d...

2. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   ...Phillips a copy of the S5 2 August agreement, anticipating settling on “Friday”. Mr Atmore asserted that Ms Guttenbeil’s nomination of Mr Parkin was contrary to the agreement between Ms Guttenbeil and Keith and Charlotte Marr. Mr Phillips’ response was that Ms Guttenbeil had not signed the 2 August agreement. [36] Also on 28 August, Keith and Charlotte Marr signed a Deed of Nomination pursuant to which they nominated the trustees of the Marr Family Trust as purchasers un...

3. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

   ...special protection for the judiciary. We will monitor the impact and effectiveness of the Bill and our proposed changes as part of our standard and ongoing monitoring of the operation of all courts and tribunals and our regulatory stewardship responsibilities. We expect to receive feedback on any aspects of the new legislation causing concern through our regular contact with prosecuting agencies and the judiciary. Identify any significant incompatibility with the Government’s...

4. [2021] NZEnvC 023 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 6.1 MB]

   ...overcome with proper acoustic engineering input. However, absent any assistance in evidence on that, it is not appropriate for us to make any findings, at this stage, on whether, with bunding or layout modifications, an effective subdivision design response is achievable. [7] Associated directions were made to enable GVL to take appropriate advice and consider any modifications to address the court's concerns, and for related supplementary evidence to be called. [8] The 2019...

5. Mokaraka - Waima C8 (2019) Chief Judge's MB 1137 (2019 CJ 1137) [pdf, 419 KB]

   ...first to assured that it is correct 2019 Chief Judge’s MB 1143 11. The application was first heard at 2 Kaikohe (Succession) MB 23 - 25 (3 February 1993). The application was adjourned to allow time for a family discussion. 12. In response to the adjournment Tahi Mokaraka lodged correspondence dated 20 March 1993 which surrenders all interests in Māori land to Tahi Mokaraka and Bessie Pine Mokaraka. It also records the surrender of the house to Bessie Pine Mokaraka....

6. [2020] NZEmpC 43 A Labour Inspector v Matangi Berry Farm Ltd [pdf, 423 KB]

   ...ordinary and pecuniary penalties which are sought. This figure reflects the fact that a system which failed to ensure minimum entitlements continued for far too long because the parties involved failed to learn about and deal with their employment responsibilities in a situation where they were dealing with particularly vulnerable employees. Additionally, the assessment also takes into account the fact that the breaches, although long-running, were not deliberate; they were neg...

7. [2020] NZEmpC 61 Leota v Parcel Express Ltd [pdf, 465 KB]

   ...the company viewed its relationship with him, and the command and control framework that it brought to bear. [51] I asked Mr Chadwick, the company’s Operations Manager, to explain what autonomy Mr Leota exercised on a daily basis. The response speaks for itself: Q. You’ve said, if I understand your evidence correctly, that you appreciated the flexibility and freedom that came with being a contractor, a courier contractor, am I right? A. Yes. Q. And I take it that y...

8. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [pdf, 305 KB]

   ...2021 (dated 13 August). [81] In her statement of 13 August 2021, Ms Murthy repeats that the assessment application was created on 17 September 2020, but it remained in draft form as the bank card payment had issues. She was not dishonest in her responses to the husband on 27 October and 17 November 2020, because she believed the application was filed and under process. Ms Murthy accepts she did not follow up with NZQA. Accordingly, she was not aware that the payment had failed an...

9. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...Construction Management 25. THAT a minimum of ten (10) working days prior to the commencement of works the consent holder shall submit a Construction Management Plan (CMP) for certification by the consent authority. The CMP shall include: a. Roles and responsibilities of construction management staff; b. A description of the methods that will be implemented to ensure compliance with conditions of this consent; c. Procedures for managing hazards; d. Details of signage; e. The detai...

10. 2022-02-11 Statement of Evidence of Kerstin Strauss dated 11 February 2022 [pdf, 281 KB]

    ...in processing these applications under the notified provisions, as well as guidance material for the public. This material will be updated once a decision is made on PC8 to reflect the decisions version of the provisions. 14 As the focus and responsibilities of territorial authorities and regional councils are different (under section 31(1) and section 30 of the RMA respectively), the resultant planning provisions trigger different consenting requirements. However, as these requi...