Search Results

1. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...should be dislnissed because of a fatal lack of evidence to pass the initial hurdle that the status change and subsequent alienation is "clearly desirable" per section 137 of the Act. There is silnply no basis for the incorporation to claim that the status change and sale to the Roachs is clearly desirable for the purposes of rationalising PKW's land base; Minute Book: 159 ADT 151 (c) there is no evidence that the sale proceeds are in fact needed to enable the inc...

2. Waitangi Tribunal - District 11 Wairarapa [pdf, 2.3 MB]

   ...will enhance the value of the report when it is published in its final fonn. The views contained in the report are those of the author and are not those of the Waitangi Tribunal, which will receive the final version as evidence in its hearings of claims. Other district reports have been, or will be, published in this series, which, when complete, will provide a national theme of loss of land and other resources by Maori since 1840. Each survey has been written in the light of the objecti...

3. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...There are some 250 registered members of the iwi.27 Mr Davis was the only witness to give evidence about their cultural interests and perspectives. Within Ngāti Hei, he is a respected kaumatua. He is a mandated negotiator for the iwi on Treaty Claims. He represents Ngāti Hei in several senior positions he holds on local, regional and national bodies. Other witnesses, both for and against the Proposal, acknowledge his expertise. [45] Mr Davis explains that his 50% shareholdi...

4. [2016] NZEmpC 24 Myatt (Labour Inspector) v Pacific Appliances Limited [pdf, 90 KB]

   ...an Improvement Notice under s 223D of the Act was issued. It was served at the registered office of the defendant and accepted on behalf of Ms Ah-Kuoi by her husband Tai Ah-Kuoi. [7] The defendant completely ignored the Improvement Notice. A statement of problem was then lodged with the Authority seeking an order that the defendant comply with the terms of the Improvement Notice pursuant to s 137(1)(a)(iiib) of the Act. Following this, there being no steps taken by the defendant,...

5. Charters v Rika - Arataua 4C [2018] Māori Appellate Court MB 142 (2018 APPEAL 142) [pdf, 289 KB]

   ...trustee of the Te Uruoteao Rika Will Trust which holds 3.0 of the 5.0 shares of the Trust. In that capacity, I wish to appeal against the Court decision to appoint the new trustees. [14] Documents filed in opposition to the appeal include a sworn statement from his fellow trustee, John Te Uruoteao Rika, dated 1 February 2018. Mr John Rika deposes: 5. As far as I am concerned the appeal has not been brought on behalf of the Te Uruoteao Rika Will Trust. 6. Richard claims at paragrap...

6. IAA v Angon [2012] NZIACDT 62 (28 September 2012) [pdf, 94 KB]

   ...information. [47] It would be quite different if the engagement with clients was through a person who was not exempt or licensed. Advising clients on the importance of accuracy is an important professional obligation. It would be misleading to make the statement if the professional duty had been performed unlawfully. [48] Accordingly, I am satisfied only that the first part of the certification was misleading. I am also satisfied Mr Angon had not appreciated it was misleading and had no...

7. KM v XND [2013] NZIACDT 7 (14 February 2013) [pdf, 86 KB]

   ...decide on an informed basis whether she would engage Mr XND. After his inquiries, he advised Ms KM he thought it unlikely he could be of assistance, and for that reason there was neither any formal engagement, nor a fee paid. [8.3] Mr XND provided a statement from Ms MA regarding the events prior to Mr XND’s involvement. The key elements were: [8.3.1] Ms MA has her own business, which operated at the same premises as her husband’s (Mr XND) practice. [8.3.2] Ms MA’s company wa...

8. TTC v BL [2013] NZIACDT 25 (4 April 2013) [pdf, 90 KB]

   ...visa and successfully completed his course of study. [16] Mr TTC’s complaint is essentially that Ms BL delayed acting on his instructions and misled him. The Response [17] Ms BL wrote to the Authority on 3 August 2011 and disputed Mr TTC’s claims. [18] Ms BL’s letter said that various documents were produced to support the statements in her letter. However, they have not been produced to the Tribunal and it is not evident whether they were produced to the Authority. [19] Th...

9. Committee of Management of Waipiro A13 v Haig - Waipiroa A13 Incorporation (2008) 182 Gisborne MB 7 (182 GIS 7) [pdf, 269 KB]

   ...outstanding quantum of the loan. [31] Brief mention of repayments at the original hearing at 166 Gisbome MB 156 and 233 were made by the Respondents with Mr Haig confirming he was unable to locate any evidence ofrepaymentto his father, as records of bank statements were no longer available as far back as 1992. [32] The Incorporation has submitted that it did not· have an opportunity to make submissions as to the quantum of the loan and did not have the opportunity to produce evid...

10. Auckland Standards Committee 2 v Aitken [2020] NZLCDT 13 [pdf, 131 KB]

    ...a number of months. The total deficit as a result of his misappropriations, as calculated at 6 March 2020 is $357,691.69. [13] When confronted by the inspectors in November 2019, Mr Aitken acknowledged his actions and indeed volunteered the statement that this was “tantamount to fraud”. 4 [14] Counsel for the Standards Committee refers to the relevant breaches of the Act and Regulations2 which underpin the misconduct charge. That charge pleads both s 7(1)(a)(i) co...