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1. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...trustee dies and the court receives a death certificate for the deceased trustee. (3) In exercising the powers in subsections (1) and (2), the court may order the vesting of land or other assets of the trust in any person or persons (with the consent of that person or those persons) upon the terms of the trust, whether or not that person was previously a trustee. [21] These provisions grant the Court a discretionary power to appoint trustees of a Māori reservation. 9 However, s...

2. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [pdf, 222 KB]

   ...factor in assessing sanctions. She ignored invitations from the Authority and the Tribunal to participate in the disciplinary process, until sending an unduly brief submission to the Tribunal on 11 sanctions, unsupported by any affidavit, statement, financial or other documentary evidence. [46] While Ms Tian accepts not doing her job in a professional way and hence her wrongdoing, she makes no apology or expresses any remorse. An apology to the complainant would have been...

3. Trustees of Tuaropaki Trust - Tuaropaki E (2002) 77 Taupō MB 25 (77 TPO 25) [pdf, 340 KB]

   ...owners or approximately 75%. Tuaropaki E block is used for various purposes including sheep, cattle, deer and dairy farming. The Trust is also engaged in geothermal investment through its sole shareholding in the Company. According to the financial statements for the year ending 30 June 2002, the Trust's assets are $174 million with liabilities of $119 million leaving net assets of approximately $54 million. The 2002 annual report discloses that the Trust enjoyed a record tax paid...

4. Buchanan v Guardian Trustees Kareponia All Saints Anglican Church Trust - Kareponia 1A5D1 (2017) 149 Taitokerau MB 252 (149 TTK 252) [pdf, 210 KB]

   ...claim is upheld. [52] Ms Crockenberg advised that she is the treasurer of the second charitable trust. She claims that the second charitable trust has not received any funds from the first charitable trust. Ms Crockenberg did not produce any bank statements or other financial records confirming this. Against her evidence, I have received a printout from the Charities Services website which clearly records that the accumulated assets and income of the first charitable trust were t...

5. [2020] NZREADT 54 - Beath v The Real Estate Agents Authority (29 October 2020) [pdf, 273 KB]

   ...The grounds for doing so included that one proceeding had a trial fixture allocated for some four months after the date the application was heard, whereas the proceeding sought to be heard with it was at the stage of a “detailed and amended statement of claim” which had been filed the same day.9 [20] We have concluded that it is significant that the charges proceeding is scheduled for hearing. The appeal proceedings are at a far less advanced stage: in fact, signalled appeal...

6. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

   ...Committee, it was when Mr WG acted at the sole direction of IS subsequently, that his conduct contravened r 6.1 of the Rules. The Committee also noted that in the period immediately prior to this, Mr WG had acted for all RE, YI and IS without their consent as required by r 6.1.1. [41] The Committee determined that both breaches constituted unsatisfactory conduct pursuant to ss 12(a) and (c) of the Act.14 Section 12(c) of the Act defines unsatisfactory conduct as “conduct consis...

7. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

   ...started to run before the applicant was aware the determination had been issued and provided with a copy. [42] Section 198 was amended by the Lawyers and Conveyancers Amendment Bill 2010. When the Bill was first introduced, the general policy statement set out the explanation for amending s 198 of the Act.13 New section 198(b) ensures that those applications must be lodged within a 30- working-day period commencing on the day after a copy or notice of the decision or action is broug...

8. Gemmell v Phillips - Mohaka A4B (2023) 103 Takitimu MB129 (103 TKT 129) [pdf, 264 KB]

   ...Phillips trespassed on the block? [17] Padre Phillips did not actively engage in the proceedings, despite having notice of them. However, Bessie Phillips accepted that Padre Phillips has erected a hunting shelter on the block, for which trustee consent was not obtained. Carol Whatuira confirmed this evidence and said further that Padre Phillips hunts on the block. I accept that evidence. The trustees of the Mohaka A4B Trust have confirmed that they have not authorised Padre Phi...

9. McCarthy v Accident Compensation Corporation (Personal Injury) [2022] NZACC 213 [pdf, 205 KB]

   ...described on file leading up to 28 September 2021 development of intersection syndrome. 2. What was the accident or series of events that led to an injury? I did not identify any accident on file 28 September 2021 including the claimant’s personal statements that no acute injury event was sustained to cause the condition. I also note the claimant’s familiarity with the work tasks over a 3-year period, and although they had taken the four-week holiday, there is no evidence that...

10. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

    ...communication guidelines, facilitated meetings, resolution of workload issues, team leader management training, not recording any further meetings, and an apology from him to those whom he had upset. Mr Christieson also advised that he would consent to a transfer to another site and would consider relinquishing his team leader role and returning to work on the tools. [32] Despite these efforts and the return to work proposal, Fonterra’s concerns remained and various commu...