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1. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...share of the total area of the land. The orders that follow reflect this. [4] I was able to conduct a site visit of the land on 6 July 2024. I was assisted at the site visit by the applicant’s son, Claudio Pillot, and have placed on the Court file a number of photographs I took. The contour of the block is flat. The house is located in approximately the centre of the proposed partition area to the left of the legal access off State Highway 41 488 Aotea MB 34 near Tokaanu....

2. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you hav...

3. [2024] NZSSAA 08 (6 June 2024) [pdf, 132 KB]

   ...deposit of $36,330 (the cash deposit) in XXXX’s shareholders current account for the period ending 31 March 2021 as income. The Ministry assessed XXXX’s accommodation supplement entitlement at $15 and then $12 per week. 3. After the appeal was filed the Ministry received further information and it reversed its decision to include the cash deposit in its assessment of XXXX’s chargeable income. This resulted in increased entitlement of $179 and $187 per week from 31 May to 11...

4. Self-represented litigants: an exploratory study of litigants in person in the New Zealand criminal & family jurisdictions [pdf, 1.2 MB]

   ...States and Canada have noted an increasing trend for litigants to appear without representation (Byrne and Leggat, 1999; Mather, 2003; Appleby, 1997; Cohen, 2001). These countries have begun to examine this issue in more depth by studying the profiles of self-represented litigants; the reasons they are self-represented; the effect a lack of representation has on the self-represented litigants, other parties, the judiciary and court staff, and how to address the needs of self-represen...

5. [2016] NZEmpC 165 Lawson v NZ Transport Agency [pdf, 463 KB]

   ...certificate of fitness standard required by all taxis, and which he said were in a “terrible state mechanically”. [15] Mr Collie sent him a complaint form to complete. Mr Hendry did so on 24 March 2013, attaching a detailed complaint and a zip file of documents. In his covering email he said that he did not expect Mr Collie to do anything with the documents, but to hold and store them securely for the time being. Mr Collie spoke to Mr Lawson about the complaint. He said...

6. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   ...concerns about whether the exemptions gave effect to certain objectives and policies in the Canterbury Regional Policy Statement; and duties alleged of the District Council under ss 6(b), (c), 17 and 31 RMA; amongst other things. [4] Documentation filed in support of the application by way of affidavits and memoranda, pointed to significant clearance of protected indigenous vegetation in the Mackenzie Basin in recent years, allegedly unlawfully, given that the rules setting up the...

7. Tito v Andrews - Mangakahia 2B2 No 2A1A (2018) 178 Taitokerau MB 193 (178 TTK 193) [pdf, 285 KB]

   ...complaints related to management of the trust and they had been dealt with by the superior courts. If there was further material not known to the Māori Land Court in 2009, then a fresh application for a review of trust or termination of trust could be filed. The learned Judge concluded that it was not in the interests of justice to remedy the error by cancelling the order establishing the trust. 2 Tito – Mangakahia 2B2 No 2A1...

8. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

   ...In 2017, the applicants initiated a review of Maungaroa No 1 Section 27 ahu whenua trust. They had concerns about the operation of the trust. The Māori Trustee is the custodian trustee of the trust and on behalf of the responsible trustees has filed a separate review of trust application which in part responds to the concerns raised by the applicants. [2] In addition to completing the review of the trust, the responsible trustees seek to vary certain clauses of the trust order and...

9. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE B A CORKILL: APPLICATION FOR RULINGS AS TO ADMISSIBILITY OF EVIDENCE Introduction [1] This judgment resolves an application for admissibility of evidence contained in witness statements which have been filed for the purposes of a substantive hearing scheduled to commence on 15 August 2018. [2] The particular issue which is raised is whether Jacks Hardware and Timber Ltd (Jacks Hardware) can lead evidence of certain statements made in the...

10. Ellison v Jones - Estate of Daniel Ellison [2021] Chief Judge's MB 150 (2021 CJ 150) [pdf, 366 KB]

    ...Isaac Copies to: L Watson, 342 Gloucester Street, Taradale, Napier 4112 leo@leowatson.co.nz 2021 Chief Judge’s MB 151 Hei tīmatanga kōrereo - Introduction [1] On 28 May 2018, Pukepuke Tangiora Huata filed an application pursuant to s 45 of Te Ture Whenua Māori Act 1993 (“the Act”) seeking to amend succession orders made at 24 Tākitimu MB 295-301 and 28 Tākitimu MB 193-197 in respect of the estates of Daniel Ellison and Hori Tu...