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1. McAuley v The Real Estate Agents Authority CAC (416) NZREADT 22 [pdf, 181 KB]

   ...about a boundary, for example where there is no clearly marked fence, where the boundaries appear to be in bush land or where a title is “limited as to parcels”. However we have cautioned against obligations which require agents to become lawyers and we extend this to surveying. An agent must make every effort to know the product they are selling but they are not required to anticipate problems where a problem might not exist. [14] Mr Simpson also referred the Tribunal to an...

2. Couper v Rangipunga - Parihaka X Trust (2008) 212 Aotea MB 38 (212 AOT 38) [pdf, 2.3 MB]

   ...respondent that he had given instruction to B TW. Mr Pue also raised concerns over the earthworks the respondent had commissioned including the digging of a large pond. Mr Pue considered that work to be dangerous to the trust's cattle. The Law [1 9] Section 240 of the Act states: "The COllrt may at allY time, ill respect of allY tmstee of a tnlSl to which this [Part) applies, make all orderfor the removal of the iI1lstee, ifit is satisfied- (a) That the tmstee has failed...

3. Munu - Mangamuka West 3H2C (2006) 112 Whangarei MB 243 (112 WH 243) [pdf, 623 KB]

   ...which supported that application go to the heart of the disagreements between the owners which were in evidence in Court. [9] Following the dismissal of the section 45 application this application was heard by me at Whangarei on 29 August 2006. The Law [10] The Maori Land Court has exclusive jurisdiction to make partition orders in relation to Maori freehold land: Section 287(1) of the Act. That jurisdiction is contained in Part 14 of the Act. [11] Section 286(1) of the Act provides...

4. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...however, there are significant differences between the accounts given by witnesses or the responses are unsatisfactory, more will be required of the employer to ensure that the investigation is full and fair. [59] Timu’s case was decided on the law as it was prior to the enactment of s103A which was largely summarised by the Court of Appeal in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448. In my view, s103A has not significantly changed the law regarding the nature of the inve...

5. MOJ0342.2-Homicide-factsheet-FEB22-PRINT.pdf [pdf, 689 KB]

   ...the defendant is found not guilty by reason of insanity, they may be detained for treatment in a secure mental health facility. A victim coordinator from the facility will contact you to explain what this means. SENTENCING The judge is required by law to take many factors into account when sentencing the offender, such as what sentences have been given for other similar crimes and reports about the offender. If the judge agrees, you (or someone you choose) can read out all or part of...

6. Tipene - Taiwhakaea B Block (2020) 241 Waiariki MB 115 (241 WAR 115) [pdf, 302 KB]

   ...continued to serve as a trustee without incident or concern; and (e) He considered that he had skills to offer this trust and to support his hapū. For these reasons, he submitted that it was appropriate that he should remain a trustee. The Law Regarding the appointment of trustees, s 222 of Te Ture Whenua Māori Act 1993 states: Appointment of trustees (1) Subject to subsections (2) and (3) of this section, the Court may appoint as trustee of any trust constituted under this...

7. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   ...consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf "Will Say" Statement of Evidence of Morehu Anthony Wilson on behalf of Ngati Paoa Iwi Trust Solicitor: Sharon Skinner Skinner Law Limited P.O. Box 25458 Featherston Street Wellington T: 027 487 7186 E: sharon@skinnerlaw.co.nz Common.dot Dated 22 July 2014 Counsel: Rob Enright Barrister T: 021 276 5787 E: rob@publiclaw9.com He honore, he kororia, ha...

8. MOJ0344.2-factsheet-Affected-by-crime-Nov21-PRINT.pdf [pdf, 654 KB]

   ...the defendant is found not guilty by reason of insanity, they may be detained for treatment in a secure mental health facility. A victim coordinator from the facility will contact you to explain what this means. SENTENCING The judge is required by law to take many factors into account when sentencing the offender, such as what sentences have been given for other similar crimes and reports about the offender. If the judge agrees, you (or someone you choose) can read out all or part of...

9. Rickard - Te Araroa Māori Township Sections 14, 15, 23 (2001) 61 Ruatōria MB 245 (61 RUA 245) [pdf, 462 KB]

   ...result. This may assist determine accurately whether his method for assessing the valuations attached to this application accurately identifies that there will be residue shares in Sections 14 and 15 held by the applicant and Katae Whanau Trust. Law The jurisdiction of the Maori Land Court to grant partition orders is laid out in Part XIV of Te Ture Whenua Maori Act 1993 and in particular section 289/93. Pursuant to section 286/93 the purpose of Part XIV is to facilitate the use and occ...

10. Bloor v Griggs – Ngapuketurua 6C2B Te Maipi 7C No 7C and Te Maipi 7C No 2 Blocks (2019) 80 Takitimu MB 152 (80 TKT 152) [pdf, 162 KB]

    ...trustees present today express support for the partition. 80 Tākitimu MB 159 [32] Finally, I need to be satisfied the partition is necessary to facilitate the effective operation, development and utilisation of the land. [33] The law with regard to this criteria is clear. The threshold is fairly high. The reference to “necessary” means reasonably necessary and is closer to that which is essential than that which is simply desirable or expedient. [34] I also ne...