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1. Paikea - Otara 5D1 (2016) 140 Taitokerau MB 78 (140 TTK 78) [pdf, 220 KB]

   ...utilise the restricted roadway. Mrs Marshall considers that the land is a taonga and should never be sold. 140 Taitokerau MB 82 [18] The other notices of intention to appear in opposition to the application repeat these concerns. The Law [19] Sections 135 and 136 of the Act state: 135 Change from Maori land to General land by status order (1) The Maori Land Court shall have jurisdiction to make, in accordance with section 136 or section 137 of this Act, a status orde...

2. Davis v Davis - Estate of Joseph Paul Davis (2002) 120 Otorohanga MB 24 (120 OT 24) [pdf, 2.9 MB]

   ...succeed to his land upon his death as I accepted that when he died any land that he owned, would go back to my mother for her life time and then upon her death, to his brothers. 3. At the time of his death JoJo waS not aware that there was a law that could allow whangal to succeed to his land. I believe his unawareness of this law meant he would still ultimately intend his land to go to his brothers upon the death of my mother. I acknowledge that there is a law or process that m...

3. Record of Pre-Hearing Conference (dated 14 March 2017) [pdf, 1.2 MB]

   ...Inc (s 274 parties) Mr 0 Albert, Mr M Brown, Mr P Clarke, Mr A Morrison, and Ms R Ozanne (s 274 parties) Ms G S Tait in person and for Mr J Thom (s 274 parties) No appearance from Ms T Atkinson, Ms M Baird, Mr L Ballantyne, Mr P Kennedy, Ms SLaw, Mr C Milburn, Mr T O'Brien, Ms A Stewart, Dr A Stewart, Ms 0 Struthers, Ms H Timms, Ms A van Turnhout and Ms C van Turnhout (s 274 parties) RECORD OF PRE-HEARING CONFERENCE [1] This proceeding was set down for a pre-hearing conferenc...

4. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...12] and [Property 13]? If so, how much is KM owed? (f) Is KM entitled to a remedy and, if so, is the amount claimed proved and reasonable? Is KM owed a further 20 percent commission on [Property 3]? If so, how much is she owed? 8. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the co...

5. Jordon v Accident Compensation Corporation (Cover and Entitlements) [2023] NZACC 202 [pdf, 264 KB]

   ...was filed: (i) A neuro-optometric assessment dated 20 February 2018. (ii) A neuro-optometric assessment dated 20 January 2023. (iii) A report from Dr Newburn dated 1 March 2023. (iv) A report from Dr Macniven dated 8 March 2023. Relevant Law [29] Section 20 of the Accident Compensation Act 2001 (the Act) is the general cover provision. Under s67 of the Act, there is no eligibility for entitlement unless there is a covered injury. [30] It is settled law that entitlements wi...

6. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 20 LCDT 013/11 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN HAWKE’S BAY STANDARDS COMMITTEE Applicant AND GERALD GEORGE McKAY Respondent CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr C Lucas Mr P Shaw Mr W Smith Mr I Williams HEARING at Auckland DATE OF HEARING 11 and 12 March 2014 COUNSEL Mr P Collins for Standards Co

7. Ngatai - Tokata B8 Trustees (2015) 50 Tairawhiti MB 175 (50 TRW 175) [pdf, 218 KB]

   ...March 2012, 2013 and 2014. The trustees rejected 50 Tairawhiti MB 181 any contention that they had acted in any manner contrary to the Trust Order and they believed they had acted with care, diligence, prudence and good judgment. The Law [21] Section 238 of Te Ture Whenua Māori Act 1993 provides: (1) The Court may at any time require any trustee of a trust to file in the court a written report, and to appear before the Court for questioning on the report, or on any matter...

8. [2018] NZEnvC 238 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   ...submission was in response to the same. We further accept that both the planning witness, Mr M Bonis, and the Hearing Commissioners were aware of the full scope of the application, notwithstanding the referencing error in the conditions. The law [10] Section 104(1) of the Resource Management Act 1991 (URMA") provides that when considering the application for resource consent and any submissions received, the court must, subject to Part 2, have regard (relevantly) to: • an...

9. [2009] NZEmpC AC 2A/09 Lewis v Howick College Board of Trustees [pdf, 60 KB]

   ...and I agreed, to continue this informal practice upon assuming office in 2005. As I have indicated, the process is informal in the sense that it has no statutory basis and any decisions or recommendations on a complaint are not enforceable in law. [12] After the Authority had determined Mr Lewis’s personal grievance but before I had any other involvement with the challenge that Mr Lewis has brought to that determination, he complained to me about the propriety of the conduct of t...

10. Family Court rewrite submission: Save the Children [pdf, 165 KB]

    ...This submission has been prepared by Jacqui Southey, Child Rights Advocacy and Research Director, Save the Children New Zealand. In developing this submission, we have consulted with experts in the field of child rights and the Family Court, Dr Nicola Taylor, Rachel Cardoza family lawyer and partner of Cardoza Staley Law firm, we have reviewed the ‘Background Paper, Overview of the 2014 family justice reforms’1 on the 2014 changes to the Family Court system, reviewed the Ministry of J...