Search Results

1. Parker v Maaka - Karamu D1B2C2 (2008) 196 Napier MB 290 (196 NA 290) [pdf, 280 KB]

   ...financial affairs of the Karamu Trust. [3] Following this decision a number of subsequent steps have been taken based upon Deputy Chief Judge Isaac's decision of8 July 2005. These are: a) an application for the appointment of new trustees filed on 30 September 2005 with four new Trustees appointed on 3 November 2005 (Minute Book: 182 NA 201 - 204); b) a report by David Connack of Dent Robertson & Partners, Chartered Accountants completed on 7 December 2005; c) an appl...

2. Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) [pdf, 302 KB]

   ...2017 and an election held for the appointment of an additional trustee. Rose Hawke was elected as the proposed trustee. A variation of the trust order was also approved at the meeting, to update the existing trust order. An application was then filed by Walter Rika on 15 January 2018. Objections were subsequently received to both the appointment of Ms Hawke as a trustee and the variation of the trust order. [6] The application was heard on 13 March 2018.3 During the hearing,...

3. [2018] NZEmpC 48 Bayliss v Solar Bright Ltd [pdf, 297 KB]

   ...Authority erred in reaching its conclusions that there were breaches of the restrictive covenants with respect to three customers. [11] Initially, SBL was represented by counsel; for the purposes of this challenge, a statement of defence was filed and a separate challenge was brought by SBL against the Authority’s determination. [12] A telephone directions conference was convened on 15 September 2017, attended by representatives for both parties. Counsel for SBL stated...

4. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...or beneficiaries of the trust and have no standing to bring an application per s 231 of the Act on their own account. Sharon Russell’s sons, John and Tahu Russell are beneficiaries of the whānau trust, and were minors when the application was filed. They advised the Court by letter that they supported the application being brought on their behalf. [25] The preliminary issue is whether the applicants have standing to bring the application on behalf of John and Tahu Russell. [26...

5. E101 Bronwyn Coomer-Smit - Traffic - RE - Council [pdf, 1.1 MB]

   ...AUCKLAND 3263 2 1. INTRODUCTION 1.1. My full name is Bronwyn Anne Coomer-Smit. 1.2. My evidence is given on behalf of the Auckland Council (the Council) in its regulatory capacity in relation to the direct referral application filed by Panuku Development Auckland Limited (Applicant) seeking resource consents for the America’s Cup (the Application). 1.3. My statement of rebuttal evidence should be read alongside my evidence in chief (EIC) for the Council...

6. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

   ...that as Pratt & Whitney had sought costs in relation to the present application, evidence and submissions would need to be presented in that regard. I timetabled those accordingly. [3] On 24 November 2014, counsel for Pratt & Whitney filed a memorandum which stated that actual legal costs with regard to the interlocutory applications were $8,644.08. It was submitted that this was a reasonable fee having regard to: a) The complex legal arguments involved. b) The large...

7. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...Waiariki Appellate MB 233 (10 AP 233) 6 Ellis v Faulkner - Poripori Farm A (1996) 57 Tauranga MB 7 (57 T 7) 7 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) 89 Tākitimu MB 87 appeal could have been filed. That has not occurred, and it has been almost been two years since the issuing of those orders in 2019 so those appointments stand. [20] Regarding Mr Puna’s nonattendance from trust hui, Ms Puna-Mangu also claimed that when she quer...

8. MVDT Annual Report 2018-2019 [pdf, 447 KB]

   ...applications and 97 matters carried over from 2017-2018. These numbers are consistent with last year’s volumes and remain significantly higher than earlier years. Y/E 30/6/17 Y/E 30/6/18 Y/E 30/6/19 Total number of applications filed during the year 399 487 470 Applications carried over from previous year 60 99 97 TOTAL 459 586 567 Those new applications came from throughout the country. As shown in the chart below, the majority involve...

9. O'Rorke v Hohaia - Pukekohatu (2006) 173 Aotea MB 114 (173 AOT 114) [pdf, 599 KB]

   ...to time, by various owners, but primarily in recent years by Mr O'Rorke and Mr Hohaia. Background [5] These proceedings began on 28 March 2001 when the applicant sought a partition of his interests in the land. The very next day he also filed an application for a rehearing of the decision of the Court dated 1 November 1999, 95 Aotea MB 21, where the Maori Trustee was appointed responsible trustee of the land. The evidence discloses that, given the history of competing use of...

10. LCRO 253/2013 DN v TW (8 August 2017) [pdf, 145 KB]

    ...without affording her the same latitude. Her concern is based on the following factors: (a) Delays in the Committee process that adversely affected her interests because she was involved in a continuing proceeding without access to Ms TW’s files. (b) The Committee process being an adversarial one. (c) Claims being made against her by the lawyers. [27] The Committee process is not a means by which to resolve issues over liens, which is at the heart of Ms DN’s concern about t...