Search Results

1. Edwards v Ross - Waikite 3A (2023) 293 Waiariki MB 110 (293 WAR 110) [pdf, 262 KB]

   ...months had passed, and the buildings had not been removed. A hearing was fixtured for 18 October 2022. [18] Having heard from all the parties, as well as the Council, my decision was reserved. He aha te ture e hāngai ana? What is the relevant law? [19] The Court has jurisdiction to grant either an interim or permanent injunction per s 19 of Te Ture Whenua Māori Act 1993 (“the Act”). [20] In Taueki v Horowhenua Sailing Club – Horowhenua 11(Lake) Block, the Māori Appella...

2. Sanders v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 163 [pdf, 170 KB]

   ...taxis been discussed and he had accepted flights. He added: “I’m not sitting in a car for 6 hours travel when everything can be handled via my health care providers in the Coromandel Peninsula”. Later that same day, Mr Sanders wrote: My lawyer has told me to tell you it’s unreasonable for you to expect me to travel to Auckland when there are the health care providers in the Coromandel Peninsula. So cut my payments and we will fight it that way. The only way I travel...

3. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...had a responsibility, as Mrs Hilford’s representative, to inform the Authority if he ceased using an email address which he had nominated for communication purposes. I agree. As the Court has noted previously, representatives in employment law matters have a considerable responsibility to the people or businesses they represent.11 [25] In addition, the Authority said Mr Halse had been consulted about a suitable date for the resumed investigation. This was formalised by a noti...

4. Cowan - Hami Wharepouri Te Awa Waetford (2016) 360 Aotea MB 254 (306 AOT 254) [pdf, 214 KB]

   ...Waetford (Junior). [18] Unfortunately, the whānau are not in agreement as how to proceed. Attached as Appendix 2 is a further table prepared by the Registrar summarising the responses received concerning the proposed family arrangement. Law [19] Section 100 of Te Ture Whenua Māori Act provides that Part 4 of the Act does not apply where administration of the estate of the deceased owner has been granted before the Act’s commencement in 1993. The intestacy provisions that w...

5. Smith v Smith - Waipaoa 5A2 and other lands (2017) 64 Tairawhiti MB 270 (64 TRW 270) [pdf, 217 KB]

   ...beneficiaries. Giving favour or causing offence to trust beneficiaries should be viewed with equal odium by the beneficiaries and the Court. I also do not consider that it is consistent with the office of trustee for incumbents to act in breach of the law and any further and proven allegations of offensive behaviour will be dealt with decisively. [22] Threats of any kind, if proven, cannot be consistent with the role of trustee. Should the allegations made be verified then, as fo...

6. DT v TX [2023] NZDT 378 (1 August 2023) [pdf, 222 KB]

   ...Tribunal filing fee? What was the agreement between the parties regarding the sale and possible return of the car? 8. 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. 9. The parties signed a contract or agreement in relation to this matter dated 17 May 2023. 10. The contract stated – “if within 7 working days the vehicle is inspected by a recognised garage/mechanic and found n...

7. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...comparable properties. The Investigator asked Mr Cloete the process if he was interested in going further. Mr Cloete indicated that he would email the agreement for sale and purchase, negotiations could occur by email and that the Investigator’s lawyer should request the LIM report. Mr Cloete also stated that he is not a real estate agent but he is the principal of Century 21 and the Investigator could still deal directly with him throughout the process as he would just get an...

8. Kingsnorth v Crawford - Motuaruhe 5D Block (2020) 233 Waiariki MB 39 (233 WAR 39) [pdf, 189 KB]

   ...Appointment of a Barrister of Solicitor, 31 May 2012. 9 Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652). 10 187 Waiariki MB 47 (187 WAR 47). 233 Waiariki MB 46 Te Ture - The Law [23] The general approach to an award of costs is settled. The relevant principles were set out in Trustees of the Horina Nepia and Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee and Tahamata Incorporation.11 [2...

9. [2015] NZSSAA 42 (1 July 2016) [pdf, 48 KB]

   ...meet the criteria of s 86(9A) must therefore be limited 1 [23] The considerations to be taken into account in exercising the discretion include the Chief Executive’s obligations under the Public Finance Act 1989 to make only payments authorised by law and under the State Sector Act 1988 for the economic and efficient running of the Ministry. The context of the Social Security Act 1964 and the impact of recovery on the debtor and her dependent children are also relevant. . [24] Th...

10. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

    ...November 2023 REPRESENTATION: Registrar: Self-represented Complainant: No appearance Adviser: S Laurent, counsel 2 PRELIMINARY [1] The complainant’s husband (who will be known as the client) was in New Zealand unlawfully. The adviser was engaged to make a discretionary request to Immigration New Zealand (Immigration NZ) for a visa. It was duly made and declined, so a second discretionary request was made, which was also unsuccessful. [2] A comp...