Search Results

1. Waitangi Tribunal - issue 47 of Te Manutukutuku [pdf, 1.1 MB]

   ...aware of. The Tr i b u n a l ’s report on the Wai 262 claim is likely to be viewed with great interest by other indigenous peoples and those work- ing internationally in the field of indigenous peoples’ r i g h t s . Representatives of six iwi filed the Wai 262 claim in 1991. They are from Ngäti Kurï, Te Rarawa and Ngäti Wai in Te Tai Tokerau, and from Ngäti Porou, Ngäti Kahu- ngungu and Ngäti Koata. T h e Tribunal hopes to hear all traditional evidence by the end of this...

2. Faulkner v Hoete - Motiti North C No 1 [2018] Māori Appellate Court MB 17 (2018 APPEAL 17) [pdf, 291 KB]

   ...order. However, the interim injunction remains in force.6 [7] The appeal was heard on 8 August 2017, following which we convened a conference with counsel to discuss whether there was any prospect of resolving this issue by consent.7 Counsel filed a joint memorandum advising that agreement was not reached and a decision is sought. The decision of the Māori Land Court [8] Judge Clark considered the rights of co-owners to possession of the land, and the principles concerning tres...

3. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...or incompetent to such a degree as to bring the profession into disrepute and pleaded guilty to that charge. The Standards Committee accepted that plea and did not pursue the other charges. A Statement of Facts, agreed by the practitioner, was filed by the Standards Committee. [4] The Tribunal accepted that this was an appropriate way to proceed, and dealt with the matter on the basis that the practitioner had acknowledged that she had been negligent or incompetent, and that...

4. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...the risks. Mr Spring does not address this issue in his affidavit of 6 September 2017 (but does in his other written material), but Ms Buczkowski states she did inform the vendors of the risks of a post-dated cheque. She produced copies of the file notes she made in her diary on 26 March 2013. At the request of the Tribunal the original diary was presented. The note was in the same handwriting and pen as earlier notes. This would support Ms Buczkowski’s contention that she di...

5. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

   ...relationship with Waitematā, together with an inter-generational responsibility to as kaitiaki to preserve, protect and manage those taonga for all generations. 2510 TU-447097-3-1211-V13:TU 11 Marine and Coastal Area Application 55. Ngāi Tai filed applications with both the High Court and the Office of Treaty Settlements under the Marine and Coastal (Takutai Moana) Area Act 2011 on 3 April 2017. Our claim area is shown in the attached map marked ‘A’ (“Claim Area”)....

6. [2021] NZEnvC 056 Smith v Nelson City Council [pdf, 936 KB]

   ...consent was required for the remedial works as set out in the enforcement order, to which l\tir Young and his wife are the first respondents ('the Youngs'). That variation was approved in November 2020. [3] The parties were directed to file a consent memorandum to resolve the appeal proceedings, encapsulating the terms of the enforcement order and third ENV-2018-CHC-191. 2 [2020] NZEnvC 61; [2020] NZEnvC 83; and [2020] NZEnvC 170. 3 variation of consent into one agreem...

7. Taniwha v Sheehan - Ririwha (Stephenson Island) (2020) 216 Taitokerau MB 274 (216 TTK 274) [pdf, 259 KB]

   ...She contends that trustees have benefited personally from using the island, proper processes have not been followed, and third-party entities have been established to administer affairs on the island without proper authority. [2] Ms Taniwha filed an application seeking a review of the Trust. She now seeks the removal of two trustees for cause, Michael Sheehan and Desmond Rudolph. This decision determines whether those two trustees should be removed, and what should happen in

8. Pomare v Rangihaeata - Hongoeka 7 (2009) 16 Whanganui Appellate Court MB 88 (16 WGAP 88) [pdf, 420 KB]

   ...confirmed as legal access on 13 September 2006. The proposal included the expansion of the current access from 10.16 metres width to 11.5 metres. The increased area was to come from Hongoeka 7 and Lots 2 and 3 DP 42094. [15] Since the application was filed, Mr Warren has stepped down as a trustee and has been replaced by Messrs Maikara Thorpe and Jensen Parata. [16] The application was considered by the lower Court at four hearings (30 November, 26 July, 22 November and 6 December...

9. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...confirmation must satisfy the Court that the consideration is adequate. I have no basis on which to assess that issue in the absence of a special valuation or in the absence of the current district valuation roll. In my view, it is a mistake to file an application for exemption in relation to the sale of land with an apparent value in excess of $500,000.00 without, at the very least, a copy of the current district valuation roll. [21] If Mr and Mrs Kemp are to proceed with the sal...

10. [2019] NZEmpC 6 Cornish Trucks and Van Ltd v Gildenhuys [pdf, 279 KB]

    ...the purposes of costs. The parties ought to attempt to agree on costs but, if that cannot be achieved, an application may be made to the Court within 20 working days of this judgment. If there is an application for costs, any response is to be filed within 20 working days of the application being made, with any memorandum in reply then to be filed within a further 10 working days. J C Holden Judge Judgment signed at 3 pm on 4 February 2019...