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1. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

   ...and Mr M failed to maintain that clarity. Issue 6 [36] Having found the charge proved at the standard of negligence, we do not address the lesser charge of unsatisfactory conduct. Directions [37] Counsel for the Standards Committee is to file submissions as to penalty within 21 days of the delivery of this decision. [38] Mr M may file reply submissions on penalty within a further 21 days. DATED at AUCKLAND this 6th day of September 2016 Judge D F Clarkso...

2. Hau - Rawhiti 2 Part Lot 4 DP 10483 (2008) 127 Whangarei MB 285 (127 WH 285) [pdf, 342 KB]

   ...[1] On 17 May 2007 I declined this application for an occupation order and advised the patties that I would give reasons in writing in due course. This reserved judgment sets out those reasons. BacIigrolUul [2] The application was initially filed by Horomona Hau as an application to amend an occupation order pursuant to section 330 of Te Ture Whenua Maori Act 1993 ("the Act") in respect of the land known as Rawhiti 2 Patt Lot 4 DP10483 ("the land"). However, at...

3. Williams - Blewett Porou Williams (2016) 362 Aotea MB 112 (362 AOT 112) [pdf, 257 KB]

   ...attained the age of twenty (20) years. [6] The executors applied in 2015 to constitute the whānau trust in accordance with cl 5 of the will. Around the same time, a separate and competing application to establish a whānau trust had also been filed in Hamilton by Ali Williams and Anaru Williams, grandchildren of the deceased. 1 That application was adjourned for hearing in the Aotea District in conjunction with this application. 2 [7] Both applications then came before Judge...

4. Richard Maxwell Family Trust v Lianne Maxwell Family Trust - Lot 1 Paeroa East X (2016) 141 Waiariki MB 53 (141 WAR 53) [pdf, 214 KB]

   ...(LINZ) as being potentially Māori freehold land. [10] Lot 1 Paeroa East X Block is shown in the Māori Land Information System as a current Māori freehold land comprising 7.6363 hectares owned by Leeson Fields Ltd. [11] In 2013 the applicants filed an application per s 131 to determine the status of Lot 1 Paeroa East X block. The matter was heard before Judge Savage on 12 March 2013. 4 At the hearing it was apparent that the land remained Māori freehold land. Counsel sought to...

5. The General Trust Board of the Diocese of Auckland - Taumatawiwi A (2016) 127 Taitokerau MB 169 (127 TTK 169) [pdf, 184 KB]

   ...RESERVED JUDGMENT OF JUDGE M P ARMSTRONG Copies to: Hesketh Henry 188 Quay Street Auckland 1010 DX CP 24017 127 Taitokerau MB 170 Introduction [1] Applications have been filed by the General Trust Board of the Diocese of Auckland (“GTB”) seeking orders per s 131 of Te Ture Whenua Māori Act 1993 (“the 1993 Act”) to determine the status of the Taumatawiwi A, 1 Part Peria 2 and Te Ngaohe 3 blocks....

6. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...excess of $50,000.00 for Mr Lett’s interest is simply going to be “gifted” to Mr Waitai. In addition, it may be appropriate that valuation evidence is obtained, per ss69 and 98 of the Act. [19] I therefore direct both Mr Lett and Mr Waitai to file as soon as possible the details, including with supporting evidence, of any collateral transactions or arrangements that they have entered into concerning the alienation of this land from Mr Lett to Mr Waitai. They have one month f...

7. Taueki v McMillan - Horowhenua 11 (Lake) Māori Reservation (2004) 148 Aotea MB 27 (148 AOT 27) [pdf, 642 KB]

   ...December 2003 Counsel: Mr E Macdonald for Mr Matt McMillan & Ors Ms V Taueki & Ors in person INTERIM DECISION Introduction On 27 March 2003 an application for an interlocutory injunction ("the Injunction Application") was filed pursuant to section 19(1) (b) of Te Ture Whenua Maori Act 1993 ("the Act") by Vivienne Taueki ("the Applicant"). The application sought to restrain the Trustees and any other person from dredging the bed of Lake Horowhen...

8. Brooker - Te Paerahi D2B (2005) 179 Napier MB 210 (179 NA 210) [pdf, 1.8 MB]

   ...Clerk of the Court 25 February 2005 A20040001660 Te Paerahi D2B 135 & 136/93 3 September 2004 Raymond Powell Brooker and Stephen Powell Brooker RESERVED DECISION 1. On 4 February 2004 Raymond Powell Brooker and Stephen Powell Brooker filed an application pursuant to sections 135 and 136 of Te Ture Whenua Maori Act 1993 to change the status of Paerahi D2B from Maori freehold land to General land. 2. The change of status application was advertised in the Hawkes Bay Today...

9. Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) [pdf, 351 KB]

   ...hui-a-tau of Tākirau Marae to be held on or before 30 November 2019. The date will be agreed as between the trustees and the facilitator via the case manager. A copy of the draft minutes of that meeting along with an appropriate report will then be filed by the facilitator within two weeks following the hui. Decision [29] The application for the removal of Scott Wirihana Tawake as a trustee is dismissed. 396 Aotea MB 222 [30] The trustees are directed to file copies of the...

10. LCRO 255/2016 WR v VB (4 March 2019) [pdf, 176 KB]

    ...presumably on the grounds that these were the invoices considered by the Employment Court which found them to be reasonable.13 However, they too, were calculated on the basis of the time expended only. [28] The Committee did not call for Mr VB’s files or request a formal costs assessment by an independent costs assessor. However, it is assumed members of the Committee included lawyers who practice in an area of law similar to, if not the same as, the areas of law under considera...