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1. Mahanga - Taiharuru 2A1 (2008) 125 Whangarei MB 25 (125 WH 25) [pdf, 2.4 MB]

   ...Colleen Dawn Allen by way of gift. Pronounced in open COUli in Whangarei at s-<iramJpm on1:-Jv1 the 9« day SECTION 40 REPORT TO THE COURT Introduction An application W<:IS filed 28 August 2006 to transfer 1.0845 shar(;!!; from Te Mi'lawe Murphy MahClnga to Colleen Dawn Allen pursu8Ji! to section 16~ of Te Turfl Whenua Maori Act 1993 in 1 aillaruru 2Al block . History The blocl<, Taiharuru 2A 1, originated from Taih<:lruru created under the Native Land Acts 187...

2. Carey Clan Trust v Still [pdf, 197 KB]

   ...AGREEMENT FOR SALE AND PURCHASE [25] Clause 6.2(5) of the agreement provided as follows: “(5) Where the vendor has done or caused or permitted to be done on the property any works for which a permit or building consent was required by law: (a) the required permit or consent was obtained; and (b) the works were completed in compliance with that permit or consent; and (c) where appropriate, a code compliance certificate was issued for those works; and (d) all obligati...

3. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...September 2022 decision declining cover for right sided radial nerve injury was not argued. The appeal against that decision is therefore dismissed. Costs [105] Costs are reserved. CJ McGuire District Court Judge Solicitors: Medico Law Limited, Grey Lynn

4. Family Court Rewrite Submission FV Death Review Committee [pdf, 316 KB]

   ...advocate position where children are supported throughout the process and their views are sensitively gathered and heard by those making decisions about their lives. Further independent research may be needed to evaluate the efficacy of the current lawyer for child (LFC) undertaking such activity. LFC are trained as lawyers, not specialist child interviewers, so their ability to get the ‘child’s voices’ in the best way for the child may be compromised. Their role may still be to t...

5. Palmer v Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust (2019) 180 Waikato Maniapoto MB 260 (180 WMN 260) [pdf, 305 KB]

   ...professional service providers. (d) The manner in which trustee meetings are held, including in relation to notice and minutes. (e) The use of the homestead and issues relating to the applicant’s place of abode. (f) The lack of Trust reviews. The Law [5] The application is made under s 238 of the Act. In Clarke v Karaitiana, the Court of Appeal confirmed that this Court has wide powers under s 238.2 The Court of Appeal observed:3 Apart from the inherent jurisdiction enjo...

6. The age of physical abuse victims and the sentence imposed on their abusers [pdf, 50 KB]

   ...setting him alight. Ministry of Justice researchers undertook a small project to compare the sentences imposed on offenders charged with physical assault with reference to the age of their victims1. The research is based on data extracted from the Law Enforcement System (LES) and from court files for charges involving physical (non-sexual) assaults that were finalised in 1999. 2 Method Permission was sought from the Department for Courts to undertake a search of files based in four court lo...

7. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

   ...where does the balance of those competing rights and interests lie? The applicable principles [6] The approach to be taken by the Court on a challenge is as set out in s 127(4) of the Employment Relations Act 2000 (the Act). It must apply the law relating to interim injunctions, having regard to the object of the Act. The object of the Act can be found in s 3 and includes building productive employment relationships through the promotion of good faith in all aspects of the empl...

8. [2021] NZACC 161 – Fuller v ACC (14 October 2021) [pdf, 298 KB]

   ...suprascapular nerve injury as a treatment injury, is reversed. [71] Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: John Miller Law, Wellington for the appellant Meredith Connell, Solicitors, Auckland for the respondent

9. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...with the purchaser at all. • A solicitor whose name was placed in the agreement was not the usual solicitor for the Society. Mr Kolich explains that by saying this solicitor would be more handy for him and able to deal with the conveyancing law more simply than Mr Robinson. • The very unusual nature of the invoice rendered by Mr Vithal and paid promptly as a cash cheque without apparent concern or comment from Mr Kolich. • The fact that Mr Kolich asked Mr Krzanic to pr...

10. SN & TN v B Ltd [2021] NZDT 1621 (17 December 2021) [pdf, 223 KB]

    ...Has B LTD incorrectly applied the definition of a “pre-existing medical condition” to SN & TN’s claim? 9. 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. 10. B LTD says the policy of insurance purchased by SN & TN excluded cover for cancellation for pre-existing medical condition(s) unless the condition(s) are described as covered under the policy or accepted by B LTD in...