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1. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

   ...where the vety nature of the !lust that is being set up is the issue before the beneficial owners. The constitution of a !lust is the province of the settlcir(s)/owner(s) of the assets being placed in trust, not the decision of the trustees. [101] If the !lust is to become a comprehensive trust and to grow its business, there will be times when important decisions will be made by the trustees as to the direction of future investment and business development. As the Maori Appellate...

2. 04.-Evidence-of-Ms-Siobhan-Karaitiana-Muaupoko-Tribal-Authority.PDF [PDF, 656 KB]

   ...avoided or minimised and, where they were impacted, their enhancement has been provided for by the ecological and natural character effects management packages identified in the CEDF27 and conditions REM7, REM8, REM9, REM11 and REM12. 27 Page 78-101 of the Consent Version CEDF: Volume 2, Appendix 3 - Cultural and environmental design framework consent version (nzta.govt.nz) https://www.nzta.govt.nz/assets/projects/o2nl-proposed-new-highway/consent-applications/Vol-2-Appendix-3-Cult...

3. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

   ...electronic diary system in which condition dates and other conveyancing-related milestones are colour-coded. The colour codes automatically change when a diaried date passes. The respondent’s evidence was that the diary system is checked daily. [101] Despite this system, the respondent’s own evidence is that the expiry of the six- month period did not trigger any communication by the firm to the applicant. I find this surprising. At the least, I would have expected to see an ema...

4. FV Reform Paper 2 Civil Law [pdf, 558 KB]

   ...from filing complaints about breaches, and may contribute to a perception that breaches are not responded to consistently. I do not consider that the consequences of a proven complaint are so serious that a criminal standard of proof is required. 101. I therefore propose specifying that complaints of breach of PSOs are to be proven to the civil standard, on the balance of probabilities. This clarification will simplify the pathway to protection orders and support Police to file complain...

5. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

   ...considered this impairment to be permanent. [100] There is an initial medical assessment (11 May 2009) from Dr Randall Sturm. The diagnosis was of chronic pain syndrome. In the doctor’s opinion, no type of work was medically sustainable. [101] Dr Chris Beer (16 June 2014) noted that there had been significant post- operation infections in the early records. He discussed with Mr de Waal how severe inflammation might have affected him. CASE ON APPEAL [102] Mr de Waal or...

6. Chaudhary v CAC 414 [2019] NZREADT 24 (7 June 2019) [pdf, 293 KB]

   ...denying the existence of an agreement reached with Mr Rajan as to the commission payable on the sale of the property, and failing to honour the agreement, was clearly a failure to act in good faith and a failure to deal fairly with Mr Rajan. [101] Mr Chaudhary’s conduct was also conduct that was likely to bring the real estate industry into disrepute, and thus a breach of r 6.3. We accept Ms Mok’s submission that Mr Chaudhary’s failure to honour the commission agreement, an...

7. National Standards Committee 1 v Gardner-Hopkins [2021] NZLCDT 21 (22 June 2021) [pdf, 360 KB]

   ...[100] Against this framework we turn to consider the evidence. We heard a great deal about what was claimed to be the firm’s culture of “work hard-play hard”, and in particular about the culture of the EPNR team led by Mr Gardner-Hopkins. [101] Some social occasions will clearly fall within a lawyer’s “personal” life. But in this case, Mr Gardner-Hopkins has painted a picture of professional life where the culture of hard work and long hours meant the need for a work tea...

8. Hill v Whimp [pdf, 158 KB]

   ...March 1995. [100] As referred to in the section above discussing the damage to the Claimants’ dwelling and its causes the three expert witnesses gave consistent evidence as to the causes of the leaks and those contractors likely responsible. [101] The WHRS assessor Mr McIntyre specifically stated that the pergola and deck problem was a “slack construction detail” which the building inspector should not have passed. He also considered that the inspector should have picked u...

9. MLC 2018 July Outstanding OCR Applications [pdf, 400 KB]

   ...Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405-407 and 92 WHK 250- 251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001188 45/93 Rena Scott CJ 2013/5 - Wharepouri Paoro also...

10. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

    ...titles to 55B1B and 55B1A2 were by then recorded in the land transfer system in the name of the Society. However, neither the Gazette notice of 1984 setting the land 9 36 Aotea MB 118 (36 AOT 118). 10120 Aotea MB 236 (120 AOT 236). 11 “Setting Apart Māori Freehold Land and General Land as a Māori Reservation” 111 New Zealand Gazette 2681 at 2718. 2013 Maori Appellate Court 535 aside as a Māori Reservation nor the order...