Search Results

1. Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229) [pdf, 106 KB]

   ...Incorporation, and that s 318(1) of Te Ture Whenua Māori Act 1993 (“the Act”) applies to the roadway (confirming it is unrestricted as to user). [23] The further evidence filed (namely, an affidavit from Brendan Hogg on behalf of PBH and a signed statement from Duncan Bell on behalf of the company doing the construction work on PBH’s land) have added additional information in relation to Mr Pere’s obstruction of the roadway. Mr Hogg confirms that PBH has incurred delays and...

2. New Zealand Law Society v Dorbu [2011] NZLCDT 24 [pdf, 102 KB]

   ...which occupied 10 hearing days, was described by us as demonstrating an alarming lack of awareness of his obligations. In the Judicial review proceedings Mr Dorbu’s pleadings were described by His Honour thus: “The applicant’s amended statement of claim in relation to the Barge litigation charges is inchoate. He does not address the charges individually. Instead, he pleads matter of fact, matters of law, and matters of submission. These pleadings are jumbled together. His...

3. Belton - Karaka B No 2A No 3 (2017) 375 Aotea MB 136 (375 AOT 136) [pdf, 312 KB]

   ...Court for directions. The final meeting of owners was held on 21 April 2017. At the hui it was unanimously resolved that the Kahukaka Whānau Trust would sell their shares to Mr Belton for the sum of $95,000.00 – inclusive of back rent and other claims. [12] As foreshadowed, following that meeting, Mr Belton filed two applications, the first seeking a confirmation of the resolution to sell the land and the second seeking a status change to General land in order to complete the sal...

4. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...point aside, Broadspectrum said it was not attempting to refuse to reinstate him and its intention was to comply and avoid further litigation. In this letter Mr Nathan’s right to return to work as a line mechanic was acknowledged. A positive statement was made that he would be returned to active duties as a line mechanic and acting team leader. A meeting was proposed for 5 October 2017 to formulate and agree on Mr Nathan’s duties. The idea was to agree about what work Mr Nathan...

5. Djangozov v Johnston - Estate of Audrey Trimble - (2018) 185 Waiariki MB 238 (185 WAR 238) [pdf, 272 KB]

   ...dispositive discretions, but they may include wishes in relation to the exercise of powers of investment, or of other purely administrative powers. [27] In Kain v Hutton the High Court stated:7 [301] …The legal position with reference to a statement or letter of wishes is clear, namely that trustees must take serious account of the settlor’s wishes but always appreciating that the ultimate decision is theirs. It follows that trustees may properly decide to act contrary to the...

6. Henric Eden v Complaints Assessment Committee 413, Dean Abraham & Angela Sanson [2017] NZREADT 53 [pdf, 159 KB]

   ...several concerns in these areas. 2 At [11]-[13], [46]. 8 [31] In response to these submissions, the Appellants filed further closing submissions. Mr Eden alleged that Mr Abraham’s general statements about maintenance were not interpreted by the Appellants as disclosure of known defects. The Appellants further submitted that there was evidence before the Tribunal that Mr Abraham denied knowledge of incidents as a consequence...

7. Barnett - Waotu North 2H2, 2H3 and 2H4 (2005) 286 Rotorua MB 258 (286 ROT 258) [pdf, 657 KB]

   ...unique circumstances of this case, that the land can be utilised and managed more effectively as General land. This is also a scenario where an intention to sell is not, in my view, fatal to this specific application, taking into account the obiter statements in Brown. I am especially mindful in this instance, unlike so many others, of the complete lack of opposition to the status change. The Act speaks of the principles of retention and development of Maori freehold land in the hands of i...

8. [2017] NZEmpC 114 Quality Consumables Ltd v Hannah [pdf, 167 KB]

   ...Holdings Ltd v Harris [2011] NZEmpC 118. http://www.legislation.govt.nz/regulation/public/2000/0250/latest/link.aspx?id=DLM60967#DLM60967 http://www.legislation.govt.nz/regulation/public/2000/0250/latest/link.aspx?id=DLM61708#DLM61708 [17] These statements were confirmed in Secretary for Justice v Dodd. 5 [3] Whether a determination of the Authority should be stayed (particularly one, as here, where there is an order for reinstatement) is broadly discretionary and the intere...

9. LCRO 008/2016 VZ v NK (4 December 2018) [pdf, 212 KB]

   ...vendor six months from the date of the variation.5 [31] Mr and Mrs VZ argue they did not take the step of cancelling the Agreement because they were advised by Ms NK that the sale could proceed in due course. This is somewhat at odds with their statements at the review hearing that they were adamant they did not want to buy Maori land. If this was their conviction, and instructions, then it would be expected they would have taken the first opportunity to cancel the Agreement. [3...

10. LCRO 144/2018 BG v NH (26 May 2020) [pdf, 140 KB]

    ...and above all not adhered to your obligations as set out in the Rules of Conduct and Client Care for Lawyers. [10] Mr NH communicated with Mr EM. He did not accept any of the complaints raised. [11] Mr EM’s response1 included the following statement / comment: Mr BG has stated that he had paid you approximately $1,500 in total. This amount of refund can be accepted only if you accept the mistakes highlighted and issue a letter in this regard i.e. poor service apology letter. T...