Search Results

1. Mathis - Waihou Hutoia D2A (2004) 36 Kaikohe MB 79 (36 KH 79) [pdf, 1.4 MB]

   ...of Waihou A4B2B2 and Waihou-Hutoia A, B, & C Blocks as shown in ML 13677L red. The block is also subject to the order made by the Court on 21/1/1958. That order lays out the Pahangahanga roadway. (HK 28/241) Application This application, filed by Mr Pouri Harris on behalf of the Trustees of Waihou Hutoia D2A, seeks to vary or cancel a roadway over D2A. The application was filed on the basis that the owners at a meeting held on 21 March 1999 desired the closure of the road ma...

2. Lux - Opape 3H2 (2003) 82 Ōpōtiki MB 47 (82 OPO 47) [pdf, 465 KB]

   ...Olga Campbell • Terisa Van Kuylenburg • Wakaroa Taki Application This application was fifed on behalf of Te Oitauna Raukawa Trust by its Chairman, Mr Daniel Lux, who is a'so a trustee for the Ruarakai - Tokomanawa Lands Trust. It was filed on 20 March 2002, foHowing a meeting of the Te Oitauna Raukawa Trust held on 25 July 2001. At the latter meeting, those trustees resolved to support a subdivision of Opape 3H2. Basically the application seeks to severe the fand into its f...

3. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...the Court 24 September 2002 Date: Panui No: N/A Application No: A20010007894 Subject: Section: Poukawa 13B - Application for Enforcement of Obligations of Trust 238/93 DECISION The Application 1) The application before the Court was filed by Dean Tangiora pursuant to s.238/93 Te Ture Whenua Maori Act 1993 requiring the Court to review the operations of the Poukawa 13B trust. 2) The applicant maintains that the trust has not complied with its trust deed or Te Ture Whenu...

4. Century 21 Wellington Limited v Complaints Assessment Committee 412 [2017] NZREADT 47 [pdf, 150 KB]

   ...one charge of misconduct pursuant to s 73(c) of the Act; and (c) Timothy Kearins (Branch Manager) guilty of one charge of unsatisfactory conduct pursuant to s 72(b) of the Act. 7. Submissions on penalty for the Charges proceeding have been filed by all parties and a decision is yet to be made by the Tribunal on the papers. FACTUAL BACKGROUND 8. The facts are set out in both the decision of the Committee and the more recent Tribunal charges decision of March 2017, and are no...

5. Broadman - Waimarama 3A 4B Sec 5 (2019) 75 Tākitimu MB 83 (75 TKT 83) [pdf, 294 KB]

   ...The issues for determination are whether the candidates that have been elected should be appointed and whether relief from liability should be granted. Submissions for the trustees [3] Mr Watson contended that a report from the Registrar, filed on 9 November 2018, attached a copy of the draft minutes of the meeting of owners held on 1 September 2018 at Waimarama Marae. Those minutes confirm the agreement of the owners present that the current trustees be reappointed along with...

6. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 322 KB]

   ...intervene with regard to the statutory interpretation issue discussed above.14 [23] Accordingly, I grant the application to intervene, subject to the following conditions: a) MIA is to be served by the plaintiffs with all pleadings and documents filed in this proceeding, and a copy of any agreed bundle of documents prepared for the substantive hearing. b) It is granted leave to file written submissions as to the interpretation of s 69ZD of the Act in its pre and post 2015 form;...

7. 2021-04-07 Minute - PC7 - Deemed Permits [pdf, 199 KB]

   ...COURT PLAN CHANGE 7 (deemed permits) (7 April 2021) _______________________________________________________________ [1] Counsel for the Otago Regional Council, Otago Water Resource Users Groups and the Director-General of Conservation, have filed a memorandum dated 26 March 2021 setting out the legal issues that arise in relation to deemed permits. [2] It is not clear to us whether the legal rights can be recognised in a Regional Plan as appears to have been assumed by the p...

8. Mikaere v Smallman - Mangatawa No8A (2021) 213 Waikato Maniapoto MB 277 (213 WMN 277) [pdf, 210 KB]

   ...my reasons for dismissing the application to remove Mr Smallman. Ngā kōrero a te kaitono Submissions of the applicant [4] The applicant initially sought the removal of Mr Smallman as a trustee due to inactivity. However, on reviewing the file before the hearing, it was clear to me that Mr Smallman took an active role at the 14 March 2020 AGM. I therefore directed the applicant to provide further information on the grounds relied on to remove Mr Smallman. I also directed the...

9. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...he had further evidence that would be forwarded to the tribunal. The application was deferred for further submissions and the production of evidence showing that Mr Washer may be liable. Joinder 8 Mike Donnison 34. The third respondent filed an application for joinder of Mike Donnison. 35. Mr Donnison’s whereabouts is unknown. Mr Mack is to make further enquiry after discussion between the parties. Timetabling 36. It was agreed by all parties that the current timetabl...

10. [2019] NZEmpC 80 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 240 KB]

    ...deal with the application and, in the interests of justice, it should have regard to the evidence heard in the availability dispute. The parties sought, and the Court agreed to, separate hearings [4] On 24 October 2017, the Postal Workers Union filed two separate statements of problem in the Employment Relations Authority (the Authority) covering the overtime dispute and the availability dispute. The Authority determined (with the parties’ agreement) that the two matters should...