Search Results

1. LCRO 35/2017 QK v JF and EG (29 May 2019) [pdf, 259 KB]

   ...approach throughout, Ms QK is prepared, without shred of evidence, to parlay her dissatisfaction with an entirely conventional and purely administrative process, into accusation that impugns the reputation of all of the Committee members. [101] Ms QK is critical of the Committee’s decision to, as she describes it, withhold issuing its decisions until 14 December 2016, at which point it, in Ms QK’s words, “dumped all three decisions on me just before Christmas”. [102] Ms...

2. Matauri Bay Properties Ltd v Proprietors of Matauri X Incorporation - Lot 1 DP 451540 and 71 (2015) 117 Taitokerau MB 39 (117 TTK 39) [pdf, 603 KB]

   ...Paparahi o Te Raki Inquiry: Wai 1040 Waitangi Tribunal 2014. 26 Above n 13 at 121. 117 Taitokerau MB 60 the Crown exercises today and neither does it say anything about how the Treaty relationship should operate in the modern context. 27 [101] While the Tribunal’s report may raise questions about how the Crown acquired sovereignty, the fact of that sovereignty is not a matter the Tribunal questions. Neither will I. The application before me is properly brought, and falls...

3. JE v AC and SY LCRO 259/2012 (17 February 2015) [pdf, 154 KB]

   ...move in a different direction from the “ministerial leadership of the church over past years…”.37 [100] The notice of appeal therefore clearly signalled past ministerial leadership, including that of Mr AC, was relevant to its appeal. [101] Mr AC and Dr SY provided copies of Mrs JE’s correspondence to the [place name] congregation dated 22 October 2009. Her correspondence confirms her instructions, terms of engagement, and fees. An authority for Mrs JE to act, dated 25...

4. Hutchison v Solomon [pdf, 137 KB]

   ...had been carried out by Mr & Mrs Hutchison and their claims were then articulated as: Item Amount Materials 10,558.57 Contractors 30,631.19 Purchases (such as toilet, vanity, taps, shower fittings, laminated flooring and carpet) 3,210.11 Fees 3,315.00 Interest paid 10,011.51 Loss of income 8,200.00 General damages 15,000.00 Total $80,926.38 4. The Subject Dwellinghouse 4.1 The dwellinghouse commenced life in 1958 when the then owner, Mr D J Chapman, obtained a...

5. Complaints Assessment Committee (CAC 409) v Ganesh NZREADT 19 [pdf, 327 KB]

   ...Should Mr Ganesh be found guilty of misconduct on the first charge? [100] We have found that Mr Ganesh breached s 136 of the Act by failing to disclose that he, Mrs Ganesh, or Mogans could potentially benefit financially from the transaction. [101] In Complaints Assessment Committee 402 v Dunham,10 the licensee advised prospective purchasers of a property orally that the vendors were “relatives”, then (after the sale and purchase agreement was entered into) that the vendors we...

6. [2019] NZEmpC 172 Cowan v Idea Services Ltd [pdf, 356 KB]

   ...found at the time, but that a week later there did appear to be a bruise, stated that in her experience a bruise could take time to appear. But she was not convinced it was the alleged slap which had caused the bruising observed at that stage. [101] In light of these circumstances, Mr Meikle asked Ms Transom whether consideration had been given to the obtaining of expert evidence, possibly from a psychologist. She explained that the likelihood of Mr C being seen by a psychologist...

7. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   ...Interest on Money Claims Act 2016 from 28 November 2016 until the date of payment. (c) Compensation under s 123(1)(c)(i) of $25,000. 49 Stokes Valley Pharmacy, above n 2, at [78]. [101] Costs were provisionally assessed as Category 2 Band B scale of the Court’s Guideline Scale. That classification is now confirmed. Having been successful Mr Roach is entitled to an award of costs. If the parties are unable to agree on...

8. Green - Estate of George Amos [2002] Chief Judge's MB 54 (2002 CJ 54) [pdf, 2 MB]

   ...to 26 June 1980. The Court considered the application for an extension and granted it to 30 June 1980 and one must assume that although the Court was aware of the Omaha transaction it did not consider it should interfere with that transaction. 10.10 The matters that the Court had to concern itself with were the Ngunguru transactions and the adequacy of consideration of those transactions. Horahora 1 A4F was sold at special valuation plus 15%. In respect to Horahora 1A4B and 1A4E an...

9. Edinburgh Realty Ltd & Ors v CAC20004 & Anor [2016] NZREADT 5 [pdf, 320 KB]

   ...He referred to the dampness and rot problems referred to above but also the evidence about borer and dry rot. He particularly referred to Mr Race’s evidence about the remedial work needed back in 1991 before the Trust purchased the property. [101] Mr Gray put it that the letters tendered for the licensees from three tenants of the property were all in almost identical wording (see extracts set out below) and that none of those tenants have been called to give evidence in this case. T...

10. 2022-03-18 Remarkables Park - Legal submissions as to scope [pdf, 1.5 MB]

    ...and Game Submission is not “on” PC 8. A copy of the Fish and Game Submission is included as Annexure A to these submissions for ease of reference. 4. APPLICABLE LEGAL PRINCIPLES 4.1 Under section 149U(7) RMA the Court must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority when considering a plan change. Accordingly, the Court must also apply the law as to the scope of submissions. 4.2 The Court will be familiar with the decision of Kós J in Palmers...