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1. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ...partly because the manufacturer’s recommendations were not referred to or followed. [62] Mr Braddock says that the Harditex sheet was always finished 3- 5mm above the head flashing to ensure a capillary break and that the plasterer was responsible for filling and sealing around the head flashings and windows to ensure a weathertight finish. The plasterer was asked to ensure the cladding was correct before plastering. Mr Braddock says he had no supervisory role over the pla...

2. Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76) [pdf, 423 KB]

   ...1956 and the Reservation Regulations have to be reached and the Court must consider whether there is any positive defence or reasonable excuse for unsatisfactory performance. [71] In Rameka v Hall the Court of Appeal held: 21 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of the business of the trust: (c) T...

3. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...required Mr Mullane to submit himself for an assessment by a psychologist for the purpose of determining whether, on the balance of probabilities, he constituted a risk to unsupervised children, young persons or more vulnerable members of society. No response having been received from Mr Mullane the NZTA wrote again on 6 December 2013 in similar terms. [4] Unbeknown to the NZTA the address to which the letters had been sent (being the address provided by Mr Mullane for the purpose of co...

4. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...working day.10 [24] In its determination, the Authority referred to the circumstances giving rise to the redundancy. It recorded that Mr Shing’s brother had become ill in late 2017 and was unable to work for a period of time, so that Mr Shing took responsibility for managing his brother’s part of the business operation in addition to his own responsibilities. It was in this context that a decision was made to create the position of Farm Operations Manager.11 The Authority als...

5. [2018] NZSSAA 018 (20 April 2018) [pdf, 502 KB]

   ...the advice provided by MSD. MSD’s grounds for opposing the appeal Whether the appellant received income [20] MSD refers to Part 4A of the New Zealand Public Health and Disability Act 2000 and says: [20.1] That Act generally makes families responsible for the well-being of their members. [20.2] MOH is responsible for policy implementing that Act. [21] MSD says that the FFC the appellant’s brother received was paid under operational policy determined by MOH. This policy r...

6. [2025] NZREADT 05 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (17 February 2025) [pdf, 242 KB]

   ...complied with. The documents required by the notice were still not provided by Mr Cooper or Cooper and Co. 5 [20] On 4 December 2023, the Committee laid the charge against Mr Cooper and Cooper and Co. [21] On 5 December 2023, the documents responsive to the s 85 notice were provided by the licensees’ lawyers. STRIKE OUT APPLICATION [22] By minute dated 21 March 2024, the Tribunal made timetable orders and a two day hearing was set down for 19 and 20 November 2024. [...

7. AI v Secretary for Justice 10 August 2012 NZRA 000012 [pdf, 83 KB]

   ...proceedings. 13. The Applicant responded on 30 March 2012 and gave further case examples which I summarise as follows: a. Wai 45 – Te Runanga Nui o Te Aupouri Trust. The Applicant describes active and substantive role as being preparing her client’s response including the drafting of five memoranda, which included substantial review of all documents filed by other parties. She attended judicial conferences in regard to the matter but took no part in making submissions. b. Wai...

8. Tito - Mangakahia 2B2 - No 2A1A [2011] Māori Appellate Court MB 86 (2011 APPEAL 86) [pdf, 161 KB]

   ...2011 RESERVED DECISION OF THE MAORI APPELLATE COURT Introduction [1] This is an appeal by Kevin Tito against the following decisions of the Māori Land Court: i) A decision made on 27 November 2009 to appoint the Māori Trustee as Responsible Trustee through sections 236 and 237 of Te Ture Whenua Māori Act 1993 and section 51 of the Trustee Act 1956, against the express wishes of the beneficial owners; 1 and 1 Tito ...

9. LCRO 204/2021 UX v AK (28 April 2022) [pdf, 162 KB]

   ...January 2020, that she had instructed her husband to take a photograph of Mr UX’s property and had disavowed any knowledge of the events that had taken place. He was concerned that Mr AK had been filming his daughter. [13] Mrs AK provided a response to Mr UX’s complaint on 11 November 2020. [14] To the extent that response addressed Mr UX’s concerns regarding her husband’s actions in taking photographs at Mr UX’s property, Mrs AK submitted that: (a) Ms QE was concerned...

10. Proactive release - COVID 19 Response Courts Safety Legislation Bill [pdf, 4.4 MB]

    ...Cabinet 3 L E G A L L Y P R I V I L E G E D : I N C O N F I D E N C E4wj93wltcr 2022-02-08 18:00:28 s9(2)(f)(iv) Proa cti ve re lea se In Confidence Office of the Minister of Justice Chair, Cabinet Legislation Committee COVID-19 Response (Courts Safety) Legislation Bill: Approval for Introduction Proposal 1 I seek approval to: 1.1 introduce the COVID-19 Response (Courts Safety) Legislation B ll (the Bill); and 1.2 revoke and replace a recommendation relating t...