Search Results

1. Ngatai-Maynard - Okahu B1A (2003) 128 Aotea MB 14 (128 AOT 14) [pdf, 790 KB]

   ...for the remaining claims regarding track, drain and hedge maintenance should be discounted, as submitted by counsel. This approach is consistent, in general terms, with Maori Trustee v Regrpss Farms Ltd. Costs and related matters It is settled law that as the Trustees have largely succeeded in their claim, costs must follow: Horitamakiterangi Manuirirangi (2002) 15 WGAP 64. The Trustees have referred to costs on several occasions which were incurred by them in their attempts to pursue...

2. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

   ...DECISION Introduction [1] Mr Balich engaged Mr Standing to provide immigration services. He complains Mr Standing failed to give him the advice he required to secure a permit. In addition an unlicensed person, at Mr Standing’s instigation, unlawfully provided some of the professional services. [2] After the failure to provide the agreed services, Mr Balich says Mr Standing failed to refund the fees he had been paid. Mr Balich was put to the expense of making a new application aft...

3. Parenting Through Separation Operating Guidelines 1 July 2018 [pdf, 286 KB]

   ...justice services. People may enter family justice services through many different points. For example, by: • going online to the Ministry’s website at www.justice.govt.nz • phoning the Ministry on 0800 2 AGREE (0800 224 733) • contacting a lawyer, FLAS, PTS or FDR provider, • or visiting organisations like a Community Law Centre or Citizens Advice Bureau. http://www.justice.govt.nz/ 2 Parenting Through Separation: overview The PTS programme is design...

4. [2020] NZREADT 15 - Motupally - Interim Decision (12 May 2020) [pdf, 259 KB]

   ...230. above and in the general terms of sale and in any further terms of sale and the schedules to this agreement.2 [6] Mr Motupally and the purchaser were represented by a solicitor in the transaction. That was Mr Loga Pullar of Avondale Lawyers. [7] The vendor provided financial statements for the years ended 2017 and 2018. The 2017 accounts showed that the business was making a profit and that the rent and rates totalled $125,666. [8] The following year’s accounts...

5. Hutana - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 27 (57 TWP 27) [pdf, 320 KB]

   ...Judgment: 1 July 2019 JUDGMENT OF JUDGE D H STONE Copies to: Jason Pou, Tu Pono Legal Limited, PO Box 1693 ROTORUA 3040 pou@tupono.co.nz Jared Ormsby, Miles McConway, Wynn Williams Lawyers, PO Box 4341 CHRISTCHURCH 8140 jared@jaredormsby.co.nz, miles.mcconway@wynnwilliams.co.nz mailto:pou@tupono.co.nz mailto:jared@jaredormsby.co.nz mailto:miles.mcconway@wynnwilliams.co.nz 57 Te Waipounamu MB 28 Background

6. [2008] NZEmpC WC 18/08 Arthur D Riley & Co Ltd v Wood [pdf, 67 KB]

   ...which were referred to by Mr Vincent. The approach taken by the Court and endorsed by the Court of Appeal in an analogous case Sky Network Television Ltd v Duncan2 is that the ultimate question is not whether there was wilful disobedience to a lawful and reasonable instruction but rather whether the conduct of the worker justified dismissal. 2 [1998] 3 ERNZ 917 [43] The promulgation of rules is a factor in ascertaining...

7. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...in the trustees. (b) Ms Hamilton’s behaviour towards the applicant, including interrupting and shouting over her at hui and spreading rumours about her. [14] Ms Roberts also submits that the election process undertaken on 21 March 2016 was flawed, such that the Court cannot be satisfied that those elected are broadly acceptable to the beneficiaries. She argues: (a) The hui occurred at the same time as a tangi so many beneficiaries were unable to attend to vote. (b) She could...

8. E65 John Parlane - Traffic - EIC - VHHL [pdf, 1 MB]

   ...the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant A N D AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF JOHN PARLANE ON BEHALF OF VIADUCT HARBOUR HOLDINGS LIMITED 21 AUGUST 2018 ELLIS GOULD LAWYERS AUCKLAND REF: Douglas Allan Level 17 Vero Centre 48 Shortland Street, Auckland Tel: 09 307 2172 / Fax: 09 358 5215 PO Box 1509 DX CP22003 AUCKLAND 2020 DAA-109805-4-351-V1 Introduction 1. My name is John Douglas Pa...

9. Hutcheson v Clarkson - Mangamaire B2 Trust (2019) 81 Takitimu MB 52 (81 TKT 52) [pdf, 252 KB]

   ...if the trustees are seeking to be indemnified for their defence from the trust.7 Respondents’ submissions [26] Mr Hope argued that the trustees were complying with their duties and obligations set out in the trust order and in terms of trust law principles generally. As foreshadowed, they had been working with Mr Francois to provide relevant information to the Court and, in effect, would continue to do so in accordance with the Court’s earlier directions. The illness of Ms...

10. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

    ...hearing, a number of people spoke in support Ms Hall and Mrs Kereama. Their point in regards to Mrs Kereama was that this was a kuia who was gifting her shares to her children and mokopuna while she was alive and there was nothing wrong with it. The Law [14] A rehearing may be sought pursuant to s 43 of the Te Ture Whenua Māori Act 1993 (“the Act”) which provides: 43 Rehearings (1) Subject to subsection (2) of this section, on an application made in accordance with the rul...