Search Results

1. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

   ...and the Act when allowing others to use or occupy the land. As set out above, cl 3(xi) gives the power to determine who can occupy land to the trustees. [31] That said, trustees are bound by the duties of that role. They must take sufficient care of trust assets and they cannot be seen to favour certain beneficiaries unduly over others; any decision they make in favour of one beneficiary must take into account the effects on other beneficiaries. In the present case the trustees we...

2. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...Agreement, we have not found any suggestion of wrongdoing. To the contrary, there is considerable detail of a difficult, protracted purchase.” [48] We can understand those views of Mr Findlay. [49] Ms Pender submits that equity has always offered protection to a party who performs obligations in good faith, believing that an agreement exists and that, under s.126 of the Act, recovery of a commission is not always dependent on an agency agreement. She puts it that, under the circums...

3. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...between the Arawa No. 2 Tribal Committee, the Ngāti Rangitihi Tribal Committee, the Department of Māori Affairs, the Department of Lands and Survey, the Ministry of Works and the Māori Land Court regarding erosion of the land and efforts to protect it from further damage. [5] In August 1961 the Māori Land Court wrote to the Department of Lands and Survey enquiring about the title to the land. The Department was not able to find a registered title and concluded that as it was pa...

4. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [pdf, 279 KB]

   ...different. 4 Formatting and “Emphasis added” as in original document. The CEA and the Guidelines The CEA 8. Clause 6.3 of the CEA explains the purpose of sick leave (document 1, page 27): The purpose of sick leave is to protect employees when by reason of illness they are prevented from attending work. Sick leave is to be administered fairly by managers and utilised responsibly by employees. 9. Clause 6.3 also provides that: For permanent employee...

5. IAA v van Zyl [2012] NZIACDT 37 (31 July 2012) [pdf, 155 KB]

   ...obligations. [79] The Authority has submitted the professional relationship was managed in a way that caused: [79.1] A risk of unlicensed advice being provided (clause 1.1(a)); [79.2] A lack of informed instructions (clause 1.1(b); [79.3] Failure to protect against false or misleading information being supplied to Immigration New Zealand (clause 2.1(f)); [79.4] Failure to initiate the client relationship in accordance with the Code (clause 1.4(a)). [80] Mr van Zyl could not rely on...

6. LCRO 36/2020 SW v LN (4 October 2021) [pdf, 172 KB]

   ...SW’s foundational belief also drives the instructions that he has given Mr LN. When a contrary view was expressed about the wisdom of those instructions, this too was interpreted by Mr SW as evidence of Mr LN abrogating his duty to promote and protect his interests and to, once again, facilitate the mother’s interests.13 13 The following illustrates the broad reach of Mr SW's allegations of serious wrongdoing by others who have dealt with him. As part of the complaint mate...

7. Form 1 Crown Prosecution [pdf, 1.4 MB]

   ...strike final warning? No Yes 24. If you are charged with domestic violence matters is the alleged victim your partner? No Yes Are you currently subject to the Mental Health Act or the Intellectual Disability Compulsory Care & Rehabilitation Act orders? No Yes Has anyone else been charged with you for these offences? No Go to question 29 on next page Name(s) Yes 25. If your charge(s) has a maximum penalty of...

8. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   ...over decisions of regional and district councils. It is not a planning authority, and does not have a policing role. “Sustainable management” [7] Very broadly, the approach of the RMA is to provide for a balance between environmental protection on the one hand, and development and human use of land, air, water and soil, on the other. [8] The “environment” includes things natural, physical, and people, and includes: (a) Eco-systems and their constituent parts, includi...

9. Naera v Fenwick - Whakapoungakau 24 Block (2010) 11 Waiariki MB 191 (11 WAR 191) [pdf, 122 KB]

   ...11 Waiariki MB 196 Discussion [18] Like any owner of Māori land, the applicants are entitled to bring proceedings in this Court for injunction and removal of trustees. The respondents are similarly entitled to defend such claims to protect both the trust and the trustees in the exercise of that office within the parameters of the trust order and general trust law principles. Whether their respective claims and counter claims succeed or fail is a separate question. What t...

10. Tuson - Mangamuka West 3B2A Block (2019) 206 Taitokerau MB 130 (206 TTK 130) [pdf, 199 KB]

    ...means it is unlikely the river will move from that location. There may be an issue with the steep gradient for logging trucks turning, however Mr Lee appeared confident this could be addressed with works to smooth out the gradient and with the careful location of the structure. Mr Lee considered Route B to be a viable option but noted that it will need a crossing structure put in place before it is usable. Route C [23] Route C proposes access from SH1 further west from the other...