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1. LCRO 29/2023 CP v SW and KM (19 December 2023) [pdf, 245 KB]

   ...specific questions, some of which related to the first transaction and some to the second. [12] Of relevance to the complaint, the first respondent’s final answer was as follows: She will need to sign the Authority and Instruction form and tax statements. But that cannot be done before 27 December because Authority and Instruction form can only be generated after dealing is created, which is not usually done until close to settlement day. If she is not able to come back to New Zea...

2. LCRO 217/2017 PY v SD [pdf, 395 KB]

   ...vulnerable [m]other’s best interests and ensured she could give instructions from undue influence and overbearing family members”, he says that he informed Mrs PY that “[a]ny information to do with [Mrs LM] is privileged, and [without her] consent, [he was] unable to respond to [Mrs PY]”. [25] He stated that he explained to Mrs LM that if he: responded to [Mrs PY’s] complaint then [he] would be divulging [Mrs LM’s] reasons for removing [Mrs PY] as [LM’s] attorney becau...

3. Restorative justice: Practice standards for family violence cases 2019 [pdf, 1.5 MB]

   PRACTICE STANDARDS FOR FAMILY VIOLENCE CASES RESTORATIVE JUSTICE He aha te mea nui o tea ao? He tangata, he tangata, he tangata What is the most important thing in the world? It is people, it is people, it is people 3 CONTENTS CONTENTS ................................................................................................................................................... 3 INTRODUCTION .......................

4. [2015] NZSSAA 029, 22 April [pdf, 40 KB]

   ...making ends meet and having to carefully harbour her resources to live within her income. At the time of the Authority’s first hearing XXXX was receiving $924.70 each week. The Authority asked XXXX following the second hearing to present a budget statement of her position and this was subsequently received dated 5 November 2014. Whilst the Authority readily accepts the submissions of both parties that XXXX’s current financial position is not directly relevant to this appeal because...

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

   ...the Council’s contractors desisted in undertaking sealing work because of a dispute over the maintenance issue. It is not clear whether Mr Pere was involved in that dispute. Mr Samuels otherwise advised that a condition of PBH’s resource consent to develop its sections at Putataua Bay include the formation and sealing of the roadway over Lot 189 in the vicinity of Mr Pere’s dwellings. PBH will not be able to complete that work until the various buildings are cleared from th...

6. MacFarlane v Trustees of the K & T MacFarlane Whanau Trust [2014] Chief Judge’s MB 127 (2014 CJ 127) [pdf, 148 KB]

   ...Successors/Beneficiaries Name Sex Proportion 1. Lyola Kahurangi Tokone F 1/5 2. Margaret Makarena Ohlson F 1/5 3. 4. 5. Wayne MacFarlane Hewa Joseph MacFarlane Barbara Evelyn MacFarlane M M F 1/5 1/5 1/5 8. The beneficiaries consented to the creation of the MacFarlane Whānau Trust and the Court vested their shares into the following persons as the Trustees of the Whānau Trust: Trustees 1. Barbara Evelyn MacFarlane 2. Barbara Kahurangi Toko...

7. Karena v Pita - Whangaruru Whakaturia 1D9A 1D10A [2012] Māori Appellate Court MB 451 (2012 APPEAL 451) [pdf, 137 KB]

   ...vested in the owners. The land ought, therefore, to have been vested in the owners of the land rather than in NTB. The criteria for deciding whether a trust should be terminated should include unanimous agreement by the owners and unanimous consent by the trustees. In this case there was no such unanimity. e) The Māori Land Court’s order creates a yoyo effect. The trusteeship had been transferred from the predecessor of NTB when the Court vested the land in the whenua tō...

8. Wooten v Dorr [2012] NZWHT Auckland 46 [pdf, 142 KB]

   ...that their fixing did not penetrate the top surface of the deck upstands. [13] The assessor’s suggested remedial works for the flat roof above the office was eventually redesigned by the remedial designer and builder such that with the consent of the neighbour, the “day lighting encroachment” was accommodated with extending of the roof. Both experts concluded that this was not betterment but was the most appropriate and proper repair. [14] The Tauranga City Counci...

9. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...himself to begin work at 7.30 am on that day to meet the supervisor and Mr Whittington. Confirmation that Mr Nathan would present himself to work was sought. [26] Broadspectrum also informed Mr Nathan that it did not require Wellington Cable’s consent for his return to work, because it had given that company a written assurance of his competency. A copy of Broadspectrum’s letter to Wellington Cable dated 6 October 2017, was provided. [27] Broadspectrum’s letter to Wellington...

10. Rupapera v Katene - Ngāti Tu 22D Trust (2008) 209 Aotea MB 25 (209 AOT 25) [pdf, 2.2 MB]

    ...appear to answer questions about the report referred to above at a fixture to be arranged as soon as possible. In the meantime, it was submitted that the trustees should be ordered to desist from dealing with any of the assets of the trust without the consent of the Court. [8] Finally, the applicants seek an order joining Reynco Limited as a party and that the second respondent and the company be restrained from removing their assets from New Zealand or otherwise dealing with same u...