Search Results

1. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...following changes, the provisions in sections 77 to 79 of the Trustee Act 1956 under which trustees may pay unclaimed monies over to the Crown where they are unable to find beneficiaries and distribute the monies: The requirement for trustees to file an affidavit should be abolished and trustees should be required to give the Secretary to the Treasury information about the trust and beneficiaries (such as a copy of the trust deed and a statement of accounts). The Secretary to the Treasury sho...

2. Pokere v Bodger - Ōuri 1A3 (2022) 459 Aotea MB 210 (459 AOT 210) [pdf, 585 KB]

   ...co-applicant being his daughter Ms Donna Pokere Phillips. Technically the applicant is solely Ms Pokere Phillips, given the passing of her father, but we continue to refer to both as the applicants in our decision as a sign of respect for Mr Pokere. 3 Affidavit of Teoiroa Te Amo Te Kehu Joyce Malcolm Luke (22 June 2022). Alana Thomas “Further Submissions on behalf of the Applicants” (English translation) (16 September 2022), at [9]. Hei tīmatatanga kōrero [1] E whiriwhiri an...

3. Evaluation of Family Mediation pilot [pdf, 205 KB]

   ...asks parties to allow mediators access to: • the Agreement for Referral to Mediation • the Application for access/custody/guardianship • the Information Sheet from the court file • the court counsellor’s report (if there is one) • their affidavit (if there is one). Several mediators said it would be very helpful if the key information such as parties’ contact details could be supplied on a single sheet rather than them having to search through the documents to find it. They wou...

4. Rec-Recap-Q3-2022.pdf [pdf, 691 KB]

   ...all helicopters in New Zealand. II. I make the following recommendation to AvNZ [Aviation New Zealand]: a. That AvNZ summarise relevant safety information about Robinson Helicopters, including these findings, the Prosolve report, the Hall-Jones affidavit and Mr McGregor’s supplementary brief of evidence, and disseminate that summary to members of its NZHA division. III. Recognising that the first three of these recommendations may not be quickly implemented, and that the results o...

5. Waitangi Tribunal Part 2 Report on stage 1 of the Te Paparahi o Te Raki inquiry [pdf, 4.4 MB]

   295 Chapter 6 The BriTish Move Towards annexaTion 6.1 Introduction We turn in this chapter to look at the immediate factors that resulted in the British Government’s decision in 1839 to instruct Captain William hobson to obtain a cession of sovereignty from rangatira over parts or all of New Zealand, and to establish the sov- ereign authority of the British Crown. We have seen in previous chapters that the British Government had maintained a policy of ‘minimum intervention’ in the p

6. [2020] NZEnvC 025 Willis Bond Capital Partners No. 3 Limited [pdf, 914 KB]

   ...of post construction exposure as the site will be capped with hardstand or by the building itself. [38] Mr A Thornton, a highly experienced structural engineer and director of Dunning Thornton Consultants, provided a brief of evidence by way of affidavit regarding the foundations and basement construction, structural engineering design to take account of potential natural hazards and matters regarding potentially contaminated land. [39] The building design provides for constructio...

7. Community Law Centre client survey – report on findings [pdf, 926 KB]

   ...(n=650) Page 20 ­ ‹#› Table 11 – Other issues: detailed reason for interaction % Other issue 17.8% Power of Attorney 2.5% Education 1.8% Will 1.8% Advice on new/closing entities 1.2% Advice on legal process 0.9% Affidavit/JP 0.8% Civil litigation 0.8% Difficulties with insurance companies or banks 0.8% Confidentiality/consent issues 0.5% Death/deceased estate 0.5% Dog issues 0.5% Health 0.5% Difficulties with discrimination 0.5% Difficulti...

8. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

   ...4 and 5 and indeed all stages of the Broadwood development of Refdin Holdings Limited. Mr Frogley is its sole director. [128] Frogley Plumbing Services Limited and Mr Frogley were joined to the claim on application by HTC supported by an affidavit from Mr Tuke. HTC filed a statement of claim in June 2011 alleging that: i. all plumbing contract work for stages 4 and 5 were undertaken by Frogley Plumbing Services Limited; ii. Frogley Plumbing Services Limited owed the...

9. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

   ...issues we have been discussing in this decision. Turning now to some of the witnesses. Southern Cross Hospitals and its witnesses, Ms Ogden-Cork and Mr Brown were sufficiently concerned about the questioning by the Court, that they filed affidavits about their credentials along with that party’s reply submissions. We did not intend to go into detail, but fully accept that these witnesses have specialised knowledge in urban design (in the terms we have described above) based...

10. Waitangi Tribunal - Wai 2200 2.5.77 Scoping report [pdf, 755 KB]

    ...a mandate in 2009 until 22 May 2010. Furthermore, concern was expressed that the hui reports of the discussions on mandate failed to record dissent at those hui. The example given was the first mandate hui held on 22 May 2010, as identified in the affidavit of Ngāroimata Kenrick).49 Similar allegations were made by Robyn Zwaan regarding the hui held in April 2013, facilitated by Rau Kirikiri; 50 Despite two meetings with the MTA following directions given by the Wai 2200 - Porirua...