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1. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

   ...freehold land or the whole interest, not an undivided interest. In other words, the Act provides greater flexibility for the alienation of a whole block compared with undivided interests, by giving the preferred class a right of first refusal but then permitting alienation outside of the class of the whole block. With undivided interests, alienation is restricted to the preferred class. (Emphasis added) [26] In my assessment, having carefully considered the evidence and submiss...

2. [2024] NZREADT 14 - EH & E Ltd v CAC 2204 & C Ltd (6 May 2024) [pdf, 225 KB]

   ...not give express permission to release the deposits, but it is not correct that he told the agency not to release them (until well after they were released). What the solicitor did was to sign the confirmation forms for both properties, which permitted the agency under cl 2.4 to release the deposits. [58] In his email of 3 August 2021 to the agency providing the signed confirmation form for property 100, the solicitor did not reserve the purchaser’s position on releasing the de...

3. Handisides v CAC 10030 & Cruden [2011] NZREADT 36 [pdf, 160 KB]

   ...and information about the power supply which could be generated from the stream. [2] The advertisement is central to this case and reads “40 hectares of tiger country: 40.662 hectares just 10 kilometres of easy drive from Takaka; Non permitted hunters cottage on level two acre (approx) site with good access; Permanent stream capable of up to 8 kw per day power generation; Excellent hunting at your doorstep; Borders Kahurangi National Park; Covered in esta...

4. [2019] NZEnvC 125 Schmuck v Northland Regional Council [pdf, 2.7 MB]

   ...area of undefined width and length identified as concreted area toward the turntable and also as area A. [60] In addition, there is a small area marked B, very narrow, along the frontage of Section 2 SO 24139, which may be used for the purposes of permitting the repair or maintenance of any vessel standing on the southern branch of the slipway marked C on that attached plan. [61] There was a review condition and it is clear that the conditions also require: a) Compliance with cond...

5. Hearing Schedule as at 30 March 2021 [pdf, 282 KB]

   ...(45min) ORC (1hr) RF&B (30min) OWRUG (30min) Lunch (12.45pm) Landpro Claire Perkins Planning Evidence Summary (10min) Court (45min) ORC (45min) Nga Rūnanga (30min) MFE (30min) F&G (30min) OWRUG (30min) TA's - CODC only *If time permits, otherwise re- schedule for Hearing Week 7 in Dunedin Nick Lanham Representation Representation (30min) TA's - CODC only *If time permits, otherwise re- schedule for Hearing Week 7 in Dunedin Benjamin Patterson Economics...

6. MLC - 2014 June - Review of Te Ture Whenua Act 1993 [pdf, 191 KB]

   ...215 to allow land to be vested in trustees in circumstances where there is no owner engagement and the land is languishing. This would align the Act with the rating charging order provisions in Part 4 of the Local Government (Rating) Act 2002, which permit the compulsory vesting of Māori land in a receiver or trustees where there is a rating debt. The principal difficulty with the proposal for an external manager or administrator is that it creates an additional and unnecessary category...

7. [2018] NZEnvC 083 Willowridge Developments Ltd v Queenstown Lakes District Council [pdf, 11 MB]

   ...appeal [2] The site is legally described as Lot 1 Deposited Plan 341373 ("the land") held in Computer Freehold Register 170214. It is owned by the applicant, Willowridge Developments Limited ("WDL") which also holds a water permit3 which is of some importance given the dryness of the site. [3] The proposal has been amended to a seven lot subdivision (from a notified 13 lot subdivision declined by Hearing Commissioners Mr Nixon and Ms Baker in a decision dated 2...

8. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...where there is concurrent liability in contract and tort. As the Court of Appeal said in Allison v KPMG Peat Marwick [2000] 1 NZLR 560 at [99] (Thomas J): “Concurrent liability in contract and tort is now accepted, other than where it would permit a plaintiff to circumvent or escape a contractual exclusion or limitation of liability.” [34] Commentary on the Court of Appeal dicta by the learned authors of Law of Contract in New Zealand (3rd ed, LexisNexis NZ, Wellingto...

9. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ..."restore" the proportionality of representation of a party in Parliament.[4] On the facts in the case, the Court indicated that the failure of Ms Awatere Huata to renew her membership of the party for which she was elected, which in turn permitted the party to regard her as an independent member for parliamentary purposes, was itself distorting to that party's representation. While members of the Court did note various conduct by Ms Awatere Huata that was said to be inconsis...

10. LCRO 217/2016 and 218/2016 RE and YI v WG (14 November 2018) [pdf, 187 KB]

    ...relation to any of the other matters raised? [14] It reached the following conclusions in respect of each issue. Breach of professional obligations The Standards Committee was satisfied that IS, YI and RE’s interests were sufficiently aligned to permit Mr WG to act for all of them from early 2010 up until the point when he received IS’s separate instructions to alter the terms of the draft agreement.2 The Standards Committee did, however, determine that Mr WG had breached the...