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1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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...

7. [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...

8. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...2005; b) Rongo Matene Peta states “I was not informed that this succession was granted until Wednesday 12 August 2020 at the Māori Land Court in Whanganui”; c) Rosita Sharon Hemara (my half-sister/my mothers’ daughter) did not have my consent to act on our behalf in applying for this succession order; d) Rosita and Ngāti Mahuta (as our father’s step children) but not of ‘blood’ should not have been included in the succession order; e) At the time of this succession,...

9. NT & TL v X Ltd [2024] NZDT 194 (8 March 2024) [pdf, 209 KB]

   ...remove all electrical and plumbing work. NT responded that they were seeking legal advice and no one was allowed to enter their property without their permission. They maintained that on 14 September 2023, X Ltd broke into their home without their consent, and ripped out all the kitchen work done to date, as well as all the electrical and plumbing work done by those tradespeople, causing extensive damage and leaving the property unsafe. Further, NT said X Ltd continued to threaten the...

10. Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) [pdf, 732 KB]

    ...which permitted an expansion of PCV. Mr Whitiora McLeod has been consistent in his view expressed then and now that Mangatawa have committed themselves to only one type of investment, a retirement village investment. There is some force in that statement. [63] I also accept that there can be no guarantee of ultimate success. Whilst market conditions are good for retirement villages at the moment, between 2008 to 2012, PCV struggled to gain any headway. Market conditions may chan...