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1. Koia – Estate of Hoani Tau Takahi (2015) 133 Waiariki MB 273 (133 WAR 273) [pdf, 194 KB]

   ...interests. [7] The proceedings were heard before me on 3 September 2015. 3 There seemed to be some confusion as to the extent to which Clinton and Lianne should be entitled to succeed. After hearing from the parties I reserved my decision. The Law [8] As foreshadowed, per s 108 of the Act, Leonie is not entitled to receive an absolute interest of Hoani’s Māori land interests as she does not come within the class of persons set out in s 108(2). For similar reasons the residu...

2. Family Justice Reforms: Executive summary - easy read [pdf, 3.7 MB]

   ...disability issues. We should ask people what support they need when they first ask the Family Court for help. We need to make sure disabled people can get information in a way that is good for them. Disabled children should get a lawyer who knows how to work well with them. 23 A lawyer is a person who:  knows about the law  can speak for you in court  can help you with important paperwork. Everyone who works in family ju...

3. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...unsatisfactory conduct, and that misconduct was proved against Ms Wang. A subsequent recall application on behalf of Ms Wang has been dismissed. We now deal with the issue of penalty. 2 General principles on penalty [3] It is settled law that penalty decisions of disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public through specific and general deterrence. While this may result in orders having a punitive effect, this is n...

4. SN v VO Ltd [2021] NZDT 1679 (29 October 2021) [pdf, 231 KB]

   ...of $7,711.11? Claim: Did SN carry out 20 hours of work for VO Ltd between 1 June 2021 and 12 July 2021? 7. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 8. There was no written contract between SN and VO Ltd. The relationship had been that SN’s work was as Occurrence Investigation Officer (“OIO”) and Quality Assurance (“QA”). She had undergone an interview process...

5. [2017] NZEnvC 170 Auckland Council v Frogley [pdf, 359 KB]

   ...require the refuelling station in the depot area to be secured from damage and spills. [5] There is no undertaking as to damages lodged with the application. [6] The applicant has also filed a memorandum with submissions on the facts and on the law relating to such an application. Grounds for Enforcement Orders [7] The stated grounds for such orders are that the activities which are the subject of the orders contravene a number of rules in the Auckland Unitary Plan: Operative in...

6. [2017] NZEnvC 119 Pickering v Christchurch City Council [pdf, 397 KB]

   ...(k) Mr Pickering has not pointed to any action of Windflow that has led to considerable and unnecessary costs for him. [13] For all of these reasons, it is submitted that Mr Pickering's application for costs should be declined in full. The law [14] Section 285 of the Act confers a broad discretion upon the Environment Court to order costs, with the sole qualification being that the quantum be reasonable. Costs are ordered in the interests of "compensation where that is j...

7. Studer - Rangitaiki 28C2 (2007) 114 Whakatane MB 157 (114 WHK 157) [pdf, 323 KB]

   ...use the money fi'om the sale for their own needs. [6] Regarding the use and development of the land the applicant says: "] have undertaken a number of assessments as to the use of the land and have spent considerable sums on accountants, lawyers and surveyors over the years as to the optimum use of the land. ] believe that using the land for residential and horticultural activities, palticularly kiwifruit, maize and related fanning type activities is both sensible and necessar...

8. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...financial obligations in terms of rates, it allow us to more actively reengage with the community and local marae as well as participate more fully in other land blocks either inactive or underutilised where we maybe only small shareholders. The Law [10] Section 244 of the Act states: 244 Variation of trust (1) The trustees of a trust to which this Part applies may apply to the court to vary the trust. 66 Tairawhiti MB 161 (2) The court may vary the trust by varying o...

9. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

   ...the plaintiff will give evidence identical or at least similar to the following passage from the brief of evidence he provided to the Authority. It states: I attended the mediation meeting on the afternoon of 16 April 2013 with my wife and my lawyer. DA and GA attended for the company. The mediation was not successful in resolving my grievances. By 4.30 pm in discussion with my wife I decided to end the mediation and return home. I told Audrey that I could see no way forward...

10. CAC 20004 v Singh [2016] NZREADT 63 [pdf, 214 KB]

    ...discussion of disgraceful conduct in Complaints Assessment Committee (CAC 10024) v Downtown Apartments Ltd in which the Tribunal said, in relation to a charge of disgraceful conduct:3 [57] The ‘reasonable person’ is a legal fiction of common law representing an objective standard against which individual conduct can be measured but under s 73(a) that reasonable person is qualified to be an agent of good standing or a member of the public. [58] So while the reasonable person...