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1. Thompson - Wharekawa 5B South 4B1 (2006) 109 Hauraki MB 21 (109 H 21) [pdf, 643 KB]

   ...the trustees to obtain an affidavit from Te Aomarama Wilson confirming her e-mail. Directions were given to Mr Oppert to provide documentary evidence of the consent of the trustees and owners to his occupation. The documents were required to be filed with the Court by the 21 st March 2006. [7] I also note that the trustees have now served on Mr Oppert a formal notice requiring him to leave the land. Submissions for the Trustees [8] The submissions for the trustees set out the grou...

2. Ruka - Taheke 23A and 23B [2010] 2010 Maori Appellate Court MB 629 (2010 APPEAL 629) [pdf, 97 KB]

   ...Court MB 640 been erected on that site. The proximity of that site to the marae may also have impacted on the area available for Taheke 23A. [55] Our inquiries have not been helped in that we have not been able to peruse the Registration files for Taheke 23A and Taheke 23B. Somehow they have been misplaced and could not be made available to us. [56] Our decision is not to be taken as a criticism of the lower Court decision. Certain factors have been established which should...

3. Kristina-Lorraine Brook v Complaints Assessment Committee 403 & Jason Hynes [2017] NZREADT 48 [pdf, 230 KB]

   ...be admitted. [21] On behalf of Mr Hynes, Ms Gaborieau adopts the submissions for the Authority, and further submits that Ms Brook has failed to demonstrate that it would be in the interests of justice to grant the application. [22] Ms Brook filed a reply submission, submitting that the Authority has, in part, incorrectly identified the issues on appeal (by characterising it as challenging “the Committee’s decision to dismiss the complaint about [Mr Hynes’], failure to discl...

4. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...consent of both parties before acting on the proposed sale of the [DEF] shares”.4 [19] The Associate Judge also ventured an opinion as to the potential decision of a Standards Committee in the “almost inevitable consequence that [ABC would] file a complaint as to the bill of costs under s 132(2) of the Act”.5 [20] He said:6 … Having regard to the failure of [XY] to obtain the prior informed consent of both parties to act, there is a distinct prospect that a Standards Commit...

5. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...jurisdictions confirms that these adversarial approaches, unless there is risk or urgency involved, are fundamentally not in the best interests of children. We are in favour of the panel’s consideration of a model where an applicant would be able to file an application lite if they initially elected not to engage in FDR. We think that the process suggested of the application lite, once received by the Family Court, being triaged and sent to FDR (unless the circumstances immediate...

6. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...respectful and conduct themselves in a timely manner. IPT appeal On 18 April 2017 the Adviser sent the Complainant an email attaching a copy of INZ's letter declining the application. The Adviser informed the Complainant that he had the option to file an appeal to the Immigration Protection Tribunal. The Complainant sent the Adviser an email in response in which he stated: We applied under this position as advised by you as you were confident that you can relate this to my po...

7. Higgins - Succession to Hauriri Kere [2021] Chief Judge's MB 88 (2021 CJ MB 88) [pdf, 289 KB]

   ...1C2, Opape 5B 1B3); (c) Pohutu Kere: (Tahora 2A 3B 1A2); 2021 Chief Judge’s MB 93 (d) Mita Kere: (Tahora 2A 3B 1A2) 12. The Court file concerning succession of further interests to Hiki Kere and mentioned in the application filed by Terehina Iriaka dated 12 May 1962 appears to be missing from the Court record. However, records from 37 Opotiki MB 289 indicate likelihood that Terehina Iriaka would have succeeded to interests in Hiwarau B3B, Opape 3Q1, Opape 5B1...

8. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

   ...never noticed any difference of views or instructions between them. All other times, only Mr LC alone came to me (sic) office. All correspondence (including emails and telephone calls) regarding the matter was made between me and Mr LC. From the file record and from my own recollection, Ms CM never contacted me alone. For this reason it is my honest belief that between the two, Mr LC is the representative/spokesman in the matter; Ms CM has never advised me otherwise. Therefore I am...

9. INZ (Calder) v Shearer [2019] NZIACDT 52 (25 July 2019) Sanctions [pdf, 185 KB]

   ...deter other advisers from such conduct. [53] As already noted this is not the first time Ms Shearer has appeared before the Tribunal. A previous complaint was upheld on 18 March 2016 in Chand v Shearer.7 It was found that Ms Shearer had not filed a request for a visa on behalf of her client for about three months after being instructed to do so. She then misled her client and his 7 Chand v Shearer [2016] NZIADCT 12, [2016] NZIACDT 57 (...

10. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

    ...Māori Act 1993 (the Act) to amend a succession order made on 24 September 1975 at 178 Rotorua MB 128-129 (order complained of) relating to the estate of Paora te Hiko also known as Ngamotu Paora or Te Koti Paora (the deceased). [2] Miringa Kameta filed a notice of intention to appear. [3] The applicant claimed that the said orders are incorrect due to a mistake, error or omission in the presentation of the facts of the case to the Court, (a) The Court staff incorrectly merged the...