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1. [2010] NZEmpC 135 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 44 KB]

   ...plaintiff company was placed into receivership on 6 April 2010. Mr Jacobson, on behalf of the defendant, applied again to strike out the proceedings. I sought responses from the receivers because they initially indicated that while they did not consent to the challenge being struck out, they did not oppose the defendant’s strike out application. [11] On 12 May 2010, the receivers advised that Mr Cribb was no longer authorised to act in these proceedings. They later agreed to a...

2. Rautangata v Rautangata– Opuatia No 6D No 2D Block (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132) [pdf, 99 KB]

   ...entitled to be compensated on constructive trust principles for the substantial contributions she made to the buildings and associated developments (sewerage, water and the like) on the land. She made such contributions in good faith, with the full consent of the owner of the land at the time, expecting that she would be able to occupy, use and benefit from the dwelling and other structures. If the Court were to find otherwise Doug’s siblings, as the remaindermen, would be unjus...

3. Jenner v CAC 10163 & QS - Sanitised [2011] NZREADT 35 [pdf, 123 KB]

   ...The Tribunal finds that there has been a clear breach of s.122 by Jenner. The evidence before the Tribunal shows a very casual approach to ensuring payment was made to those properly entitled to it. Why did Jenner have the purchaser’s solicitor consent to payment but not the vendor’s solicitor? Why did Jenner not have all vendors sign the consent to release payment especially in circumstances where the deposit was sought almost immediately the agreement became unconditional? The o...

4. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 Under the Resource Management Act 1991 And In the Matter of a direct referral to the Environment Court under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf "Will Say" Statement of Evidence of Morehu Anthony Wilson on behalf of Ngati Paoa Iwi Trust Solicitor: Sharon Skinner Skinner Law Limited P.O...

5. McLachlan v CAC 10048 & Hegan [2012] NZREADT 39 [pdf, 51 KB]

   ...Committee’s decision to take no further action or whether the licensee’s conduct, as proven, falls within any of the provisions of ss.72 (unsatisfactory conduct) or 73 (misconduct). A Summary of Relevant Evidence of the Appellant [17] By consent, the appellant gave evidence by telephone from Iceland but had filed written evidence also. [18] On 1 October 2009 the appellant signed a listing agreement with the licensee’s firm MacPherson Realty Ltd. The licensee was then on l...

6. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...indicated that he would seek removal from the proceedings and the substitution of Spiekerman Trading Limited (in receivership). He took no further steps in the proceeding. 11. On 20 July 2007 there was a second preliminary conference and all parties consented to the removal of the Council as a party. A removal order was made accordingly. The building 12. The claimant owns a property at 14 Garden Road, Raumati Beach, Kapiti Coast. 13. The house was built between September 1...

7. The Maori Trustee v Brightwell - Kaipakopako 2C2 (2016) 354 Aotea MB 226 (354 AOT 226) [pdf, 287 KB]

   ...those issues, the accuracy of the minutes is something to be dealt with by the trustees and the owners at the next meeting where the minutes will either be confirmed or not. They are, after all, only draft minutes until then. [16] The financial statements supplied by the Māori Trustees notes the distributable income and why the accounts are unaudited and the trust is not GST registered. The trust has a small income of just under $2,500 per annum. Clause 6(b) of the trust order pro...

8. Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate 216 (7 APWH 216) [pdf, 146 KB]

   ...application for partition is difficult to advance in the best of circumstances where there is no objection to the partition. In this case in the face of opposition from the Incorporation, and given the lengthy period of time since the resolution consenting to the proposal to partition was passed, there was little chance that such an application would succeed. We do not consider it necessary to go through each of the other causes of action or claims made by Mr Samuels. They all wo...

9. LCRO 230/2018 TM - Application for Review of a Prosecutorial Decision (3 April 2019) [pdf, 176 KB]

   ...case that is petty or trivial. The essence of Mr TM’s admissions are that he: (a) drafted the deed negligently; (b) acted where Mrs CP’s interests were in conflict with Mr BO’s in breach of r 6.1; (c) failed to obtain the prior informed consent of all parties concerned in breach of r 6.1.1; (d) continued to act because it did not become apparent to him (for quite some time) that he could not discharge the obligations he owed to both of the clients for whom he was acting...

10. Form 22 Application for succession 2.pdf [pdf, 432 KB]

    ...this is not done the Court may direct that formal notice be given to the beneficiaries. (v) Whāngai – where it is desired to include whängai as successors the Court will normally require evidence of their acceptance by the family either by signed consents or at the hearing. (vi) Succession by will – where a testator died after 1 July 1994 the right to succeed under a will is limited by s108 of the Act to certain classes of people. If the successors named in a will are not children or t...