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1. Butler v NF Fraser Co Limited - Mangawhaiti 3B1 and Takahiwai 3 A2 [2013] Chief Judge's MB 59 (2013 CJ 59) [pdf, 1.9 MB]

   ...occasions that it was not Maori ancestral land: see his letters of 16 May 1990 and 27 August 1990. Although he did refer to one of the owners being Maori, there is nothing to say that he was wrong in that regard. Notwithstanding I\1r Shaw's clear statements that Takahiwai 3A2 was not Maori ancestral land, for some reason, which is unclear from the evidence, the Council issued its consent to the subdivision and described Takahiwai 3A2 as "Maori ancestral land". But 2013...

2. [2018] NZSSAA 018 (20 April 2018) [pdf, 502 KB]

   ...customers did not affect the nature of the services provided by the clearing house. Each of the relationships: clearing house/bank and bank/customer was a distinct relationship with its own characteristics. 18 [48] The materials included statements of account showing family carer payments made to the brother on a two-weekly instalment basis, initially being $1,384.80 and then increasing to $1,432.80 per instalment. [49] MSD provided generic website information describing F...

3. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...presentation of the facts of the case to the Court as those who appeared before the Court omitted to bring to the Court’s attention that Martha was suffering from senile dementia. The short point is that Martha had no idea what she was doing when she consented to the gifting of the land interests to Patrick. [35] There was also a mistake or omission in the presentation of the facts of the case in relation to the family argument. The Court was told that there was no argument wh...

4. Wallace v CAC 20006 & Baker [2014] NZREADT 75 [pdf, 72 KB]

   ...been included in the chattels list at the front of the PRPD. The Wardrobes were not included in this list. 3. The appellants charged us $100,674.25 for their services (including GST). A copy of the appellants' invoice is attached to this statement and marked 'A'. 4. BoConcept provided a valuation of the Wardrobes via email to Susan Baker in August 2012. BoConcept valued the Wardrobes at $42,336 (including GST). A copy of this email is attached to this statement and...

5. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...Dr Kahotea, who belongs to the three iwi of Tauranga Moana, being Ngai Te Rangi, Ngati Ranginui and Ngati Pukenga. He has shares in all the Ngati Pukenga land in Pakikaikutu, Manaia, Ngapeke and Maketu. [12] Although he had provided a written statement of evidence, Dr Kahotea did not attend the hearing. We were not made aware of his absence until midway through the hearing. Mr Parata advised that he only became aware on the morning of the hearing that Dr Kahotea was overseas on ho...

6. [2020] NZREADT 38 - Barfoot v Real Estate Agents Authority (26 August 2020) [pdf, 285 KB]

   ...question and also involved a failure to disclose that there had been unpermitted alteration work undertaken by the vendors. The appellant was the supervising agent under section 50 of the Act of the two other licensees. Background [4] The statement of background which follows is largely taken from the comprehensive submissions that were filed on behalf of the appellant by his counsel, Mr Rea which accurately summarised the circumstances leading up to the appeal. [5] The prop...

7. LCRO 58/2017 EB v AD and BD [pdf, 368 KB]

   ...consider that Mr EB could have secured an on-call interest rate of at least 3.1 per cent on the estate funds, rather than the 2 per cent rate at which he placed them on-call. 6 [33] In addition, BD asserts that Mr EB’s final distribution statement “omitted considerable basic information and documents” and that Mr E was required to write to Mr EB seeking clarification. Apology [34] During June 2012, the Ds became concerned about delays with finalising the administratio...

8. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...that is not correct. It is therefore necessary to consider what orders, if any, should result. [97] Section 352 of the LCA, which deals with penalty in respect of complaints dealt with under the transitional provisions of the LCA, requires the consent of the practitioner to allow penalties to be imposed under the LCA. Mr WT did not consent, so the penalty provisions of the LPA apply. Functions of Penalty [98] The functions of penalty orders in a professional disciplinary co...

9. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   XYZ v ABC NZEmpC WELLINGTON [2017] NZEmpC 40 [12 April 2017] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES' IDENTITY IN THE EMPLOYMENT COURT WELLINGTON [2017] NZEmpC 40 EMPC 69/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN XYZ Plaintiff AND ABC Defendant Hearing: 11 April 2017 (Heard at Wellington)

10. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

    ...compensation and rejecting the claim for special damages. It opposed any increase in the amounts it has to pay. [9] A brief description of what happened is necessary to place this proceeding into context. The challenge was conducted using a statement of agreed facts supplemented by evidence admitted by consent. Employment begins [10] In 2004 the plaintiff was employed as a corrections officer. In September 2009 he began working at the Otago Corrections Facility. At all rel...