Search Results

1. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...also resign from his position as a trustee in the [CT] Trust. [CT] wants [WU] to have nothing to do with his estate or his trust, but as [CT] has now lost capacity he can not use his power to dismiss trustees. [WU] is currently wasting more trust resources in litigation in an attempt to gain more control of the trust and its assets, it has gone far enough and must stop. Mr WU’s response [25] Mr WU commenced his response to the complaint by describing his long- standing relationsh...

2. Katipa v Dobbs - Harataunga 2C1 [2015] Chief Judge's MB 635 (2015 CJ 635) [pdf, 338 KB]

   ...applicant and his whānau will revive their application to redefine the beneficiaries of the marae. This will effectively mean repeating the hui process that the Chief Judge directed, which in the circumstances will be a complete waste of time and resources. It was noted that both parties are in receipt of special aid. [35] In counsels’ submission, an order in line with the resolutions passed at the hui would promote the key principles set out in the preamble to the Act and s 17 o...

3. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...advised the Māori Trustee by email that the Trust had resolved to borrow $380,000.00. On the same day Westpac approved this sum for a term of 5 years. [15] On 4 December 2013, Mr Walters met with David Ranklior to go over the land use and resource consent applications for a shed and the subdivision of the Corrigall block. [16] On 2 December 2013, the trustees resolved to direct the Māori Trustee to complete the purchase of the Corrigall Property with the land to be retained as...

4. Deeming v Whangarei District Council [2015] NZHRRT 55 [pdf, 121 KB]

   ...alter licenses which have been in operation for a number of years. [9] After referring to the responsibility of central government to protect young people by reducing the availability and affordability of alcohol and by committing sufficient Police resources to make streets sociable and safe environments, Mr Semenoff concluded his article in the following terms: Our politicians need to be constantly reminded of that responsibility, not just by me but by all of us. Mr Deeming’s lett...

5. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...disciplinary matters.27 e. If Mr Cooper’s name is to be published, the public interest would be better protected by that occurring sooner rather than later. f. Referral back would not be an efficient or effective use of the Committee’s resources. Submissions on Fine [58] On behalf of Mr Cooper, Mr OJ submits that Mr Cooper’s ground for review of the $5,000 fines imposed on him is that it was manifestly excessive in all circumstances. The circumstances Mr OJ highlights...

6. Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki 205 (21 WAR 205) [pdf, 205 KB]

   ...have determined that her remaining shares may remain in Taungaure 2 so she will not suffer any detriment. In this manner, she will continue to enjoy the benefit of sole title whilst also enjoying the use of the foreshore of this block as a common resource with all the Taungaure owners, her Stirling Whanau. [52] I reach this decision having regard to section 288(1) which requires I consider the views of the owners as a whole, the effect of the proposal on their interests and t...

7. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...200.00 conservation fund. No monetary dividend paid in 33 years. No authority to re enter a second rotation of pine forestry. Compensation for native timbers extracted from customary lands. Wahi tapu sites desecrated from forestry operations. Resource consents being breached by hancocks ltd. Ets entitlements not awarded to the beneficial owners. The forestry trust do not have an environmental management policy. [67] In accordance with my direction, the Trust through Mr Rishworth p...

8. [2024] NZREADT 10 - IH v REAA (12 April 2024) [pdf, 215 KB]

   ...preliminary issue, being the nature of the consent referred to by the licensee when he wrote the warning on the disclosure form that “the deck and spa areas do not have con[s]ent”. This might be a reference to a lack of building or planning/resource management consent, as the Authority suggests,18 or to the pool fencing/barrier requirements or both. The purchaser has explained that the deck did not need building (or presumably any other planning) consent at the time it was built...

9. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...effect is that, while engaged on sleepovers, Mr Dickson can only engage in a very limited range of activities. He cannot carry on normal family life or socialise with friends. His privacy is limited. He does not have access to the comforts and resources of his home. He must be sober and quiet. We regard those constraints as substantial and significant. [66] The second factor is the nature and extent of responsibility on the employee. The greater and more extensive the respon...

10. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

    ...involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject to two qualif...