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1. Kho v Navarette-Scholes [2017] NZIACDT 15 (20 September 2017) [pdf, 202 KB]

   ...order made under section 51(f) of the Act is recoverable as a debt due to the Crown under section 51(5) of the Act; it does not survive bankruptcy. An order in favour of a complainant or other person is simply a civil judgment debt, and the party can file it in the District Court for enforcement. A civil judgment debt is provable in a bankruptcy, and discharged with the bankruptcy. [26] It follows that of the financial orders the Tribunal could make in the present case: [26.1] Ms Nava...

2. Casas v Navarette-Scholes [2017] NZIACDT 16 (20 September 2017) [pdf, 203 KB]

   ...order made under section 51(f) of the Act is recoverable as a debt due to the Crown under section 51(5) of the Act; it does not survive bankruptcy. An order in favour of a complainant or other person is simply a civil judgment debt, and the party can file it in the District Court for enforcement. A civil judgment debt is provable in a bankruptcy, and discharged with the bankruptcy. [26] It follows that of the financial orders the Tribunal could make in the present case: [26.1] Ms Nava...

3. BORA Biofuel Bill [pdf, 292 KB]

   ...those who simply fail to comply without a reasonable excuse. Vicarious Liability of Obliged Persons 16. Clause 12 of the Bill inserts a new section 34U(7) into the Act which imposes liability on obliged persons for the failure of another person to file an annual return under that section. We have considered whether this provision could infringe upon the right to be presumed innocent affirmed in section 25(c) of the Bill of Rights Act because it imposes liability on an obliged person wi...

4. Nahu v Gorst - Whangawehi 1B3E (2006) 112 Wairoa MB 57 (112 WR 57) [pdf, 163 KB]

   ...entitled to stand for re-election should they so desire. (b) A review ofthe trust deed. ( Minute Book: 112 WR 63 2. The meeting is to be held prior to the end of September and an application to appoint new tmstees and review tbe tmst to be filed and heard in the Couli sitting in October. [25] As far as the legal opmlOn IS concerned, tbe COUlt has been asked to Issue directions in respect to it. [26] As tbe election oftrllstees will not be settled until after the meeting of...

5. Maunsell - Te Paroa Lands Trust (2003) 101 Whakatāne MB 35 (101 WHK 35) [pdf, 372 KB]

   ...it was indeed preferable that the beneficial owners should be given opportunity to consider the prospective nominees and provide an indication as to their support or othervvise. A copy of the minutes of that general meeting of owners has now been filed. They confirm that the nominees, Mr Studer and Mr Ratahi were endorsed without opposition at the hui. The Law Section239 of the Act provides: "239. Addition, reduction and replacement of trustees - The Court may at any time on app...

6. Tanetinorau - Hauturu East 8 (2003) 122 Otorohanga MB 22 (122 OT 22) [pdf, 1.3 MB]

   Millute Book: 122 OT 22 In the Maori Land Court of New Zealand Waikato Maniapoto District DECISION Court: A01·5622 ---_. __ . __ .. _ .... -.--.- . IN THE MAnER File: A20010005622 of an application to succeed to Te Aue or Te Awe Tanetinorau (Section 118/93) and to form a Whanau Trust (Section 214/93) This application was first heard on 1 October 2001 at Otorohanga Minute Book 118/150-154. A further hearing was held on 26 November 2001 and is recorded at Otorohanga Mi...

7. [2016] NZEmpC 119 Initiative! Un Ltd v Rahman [pdf, 102 KB]

   ...evidence before the Court is from Mr Lochead. He has deposed to impacts that his business may suffer if the stay application is not granted, based almost entirely on the risk of dissipation of the funds previously mentioned. The defendant did not file any evidence so it is difficult to attempt to assess how the balance of convenience may impact on him if a stay is granted. Overall, I think the balance of convenience is in favour of the plaintiff’s application but that lea...

8. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...patty wish to appeal our decision or apply for a rehearing we will put OUl' reasons in writing in dne course. For completeness we note that we have been assisted in providing the patties with a decision today by the submissions of both counsel filed in advance of to day's hearing. Pronounced in open Comt at Rotoma at 4-. +0 pm on Tuesday the 12th day of Februaty 2008 L R Harvey ----z.:::: /:::::> JUDGE~ .... Z~ 232

9. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...September 2004 Application No: A20040004770 Subject: Te Puke 1 A5B2B2 Section: 19, Te Ture Whenua Maori Act 1993 RESERVED DECISION Intl'Oduction On 2 August 2004 Ruiha Whare on behalf of herself and Andrew Whare ("the Applicants") filed an application for injunction pursuant to section 19 of Te Ture Whenua Maori Act 1993 ("the Act"). The application seeks to restrain "any person" in respect of any actual or threatened trespass or other injUly to...

10. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

    ...original Taungaure 1 block is not being lost in its entirety, but rather the balance remaining will definitely be used and developed by the applicant. 97 Opotiki MB 242 [15] Counsel will have 14 days fi'om the date of this decision to file a memorandum with the COUli confirming that these conditions '?ilill be met within the timefi'ames specified. Pronounced at 3:. 2 <f: