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  1. Macolm - Okataina 10 (2001) 206 Rotorua MB 287 (260 ROT 287) [pdf, 5.8 MB]

    ...intention of the parties was to contract in accordance with common practice, which in New Zealand is to obtain the signatures of both vendor and purchaser on a formal contract drafted by solicitors. No contract was completed, therefore, the Court of Appeal allowed the appeal. Counsel for Mr Malcom, on the other hand, argued this was not a subject to contract arrangement. He submitted that the terms of this contract were clearly set out in the resolution passed by the Trust at the me...

  2. Edwards – Whakatōhea (2018) 183 Waiariki MB 169-194 (183 WAR 169) [pdf, 534 KB]

    ...cancel or amend the s 30 order. The application was referred to Judge Hingston for inquiry, and as part of that process he convened a rehearing and dismissed the s 30 proceedings, effectively cancelling the s 30 order.17 That decision was then appealed by Mr Edwards. The Māori Appellate Court issued its decision on 12 October 1998 granting the appeal.18 While the Court acknowledged the efforts of Judge Hingston in trying to bring about a practical resolution to the interna...

  3. LCRO 127/2017 EZ v UO [pdf, 265 KB]

    ...scope of review [25] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

  4. 2019 01 28 March Outstanding Applications [pdf, 361 KB]

    ...216-222 on 19 March 2015 - Application to the Chief Judge A20180008889 58/93 Riki Ngatoki, Hayward Brown Ngaiotonga A3 - and a decision to dismiss an injunction application at 181 Taitokerau MB 165-184 dated 24 September 2018.- Notice of Appeal A20180009091 45/93 Rau Trevor Brown Te Irihanga 2A Block & 6 others - and a transfer of shares made at 31 Waikato-Maniapoto MB 180-191 on 25 October 2011 - Application to the Chief Judge A20180009151 45/93 Lydia Fl...

  5. LCRO 38-2015 PF v MF [pdf, 222 KB]

    ...scope of review [19] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

  6. March 2015 National Pānui [pdf, 319 KB]

    ...To Proceed The applications listed below were received up to the closing date of this Pänui and are yet to be considered by a Registrar or Judge APPLICATION NO: SECTION: APPLICANT: SUBJECT: A20140012957 58/93 Peter Piipii Keepa, Christian Kohai Appeal 2015/1 - Ruatoki B13A 2A - and a succession order made at 103 Waiariki MB 290-295 of 7 July 2014 – Appeal A20150001019 58/93 Peter Piipii Keepa, Christian Kohai Appeal 2015/2 - Ruatoki B92 Block - and an order for removal of a trus...

  7. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

    ...purpose for which they are brought into being is for use in existing or contemplated litigation. In the case of contemplated litigation, legal proceedings must be a definite prospect rather than a vague possibility. The test adopted by the Court of Appeal is whether litigation is reasonably apprehended at the time the document comes into existence; this will be a question of fact in each case. [citations omitted] [28] The Court of Appeal decision referred to at the end of this passage i...

  8. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

    ...of amendments to precincts PC4 as notified proposed minor amendments to the I410 Drury South Industrial Precinct and Appendix I410.11.1. One submission in support as it related to those provisions was received from Drury South Limited. While appeals were received on the PC4 decision no appeals related to the Precinct or the Appendix. PC4 was made operative on 14 February 2020.7 (e) The issue in terms of compliance with the requirements of cl 25(2)(b) and cl 26(1) of Schedule 1...

  9. LCRO 136/2016 AB v DE and GH [pdf, 483 KB]

    ...At [8]. 20 Letter PQ to Legal Complaints Review Office (20 September 2017). 21 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 11 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

  10. Rata - Whataarakai No 1 Roadway and Lot 1 Deposited Plan 374627 [2020] Chief Judge's MB 74 (2020 CJ 74) [pdf, 432 KB]

    ...12. Anecdotally, it is understood that Mr Setter may be retiring from farming operations and his stated reasons for the orders sought may no longer be applicable. 13. The applicants did not become aware of these orders until after both the appeal and rehearing periods had elapsed and now seek the intervention of the Chief Judge so that all relevant facts regarding access and Whataarakai Roadline can be made known. 14. All of the above is respectfully submitted. b) Impact...