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...jurisdiction to accept review applications filed out of time. th [35] It is not open to Mr RB to address at this review complaints he has concerning the procedures and processes adopted by the first Committee. He had opportunity to do so by filing, within the required timeframe, an application to review the SCY’s decision. He elected not to do so. of February 2014. 11 Above n 2 s 193. 12 Above n 2 s 198. 7 [36] It...
...288(4) and it is clear that the reference to s 284 is simply a typographical error. We therefore focus on the other grounds of appeal. Is partition necessary? [18] As part of her submissions Ms Whaanga referred to her letter of 28 April 2012 filed in the Māori Land Court. A quotation taken from that letter reads as follows:7 The tangible outcomes of this project will include (but will not be limited to) a survey of existing native species and habitat; detailed assessment of viab...
...an approved organisation; c) had misappropriated funds from his own trust; d) was corrupt, untruthful and untrustworthy. [20] There were also allegations of passing off, and of breach of the Fair Trading Act 1996. [21] The present plaintiffs filed a counterclaim in the District Court. They alleged five causes of action including defamation. The counterclaim ran to 55 pages. Damages of $250,000 were sought. [22] In a judgment given on 7 February 2007, Judge Sharp struck out th...
...advised that it was necessary to activate the Enduring Power of Attorney appointing her as DP’s attorney. [11] CA wrote to the doctor who had made this assessment and requested her to confirm to him what her recommendations had been. He also filed an application for Legal Aid on behalf of DP. CA’s lead provider was a barrister in [town] who provided mentoring and supervision for CA. Through her counsel, that barrister has advised the Committee that she had spoken to CA on the...
...of the conduct finding, and the penalty to be imposed. Mr BI’s conduct in regard to the bill of costs [17] Prior to rendering his account, Mr BI sought an opinion from Mr BJ, an experienced Rotorua practitioner. Mr BJ reviewed Mr BI’s files and advised that he considered the proposed account to be fair and reasonable. Mr BI then rendered his account. [18] Following the complaint, the matter was referred to Mr CX for a cost assessor’s report. Mr CX commented that the l...
...then failed to refund fees. [3] Mr Standing was notified by the Tribunal that the evidence in support of the complaint could justify the complaint being upheld. He was asked under the Tribunal’s statutory powers to provide information from his files, and answer questions. He did not do so, and has not been compelled, as the information held is sufficient to uphold the complaint without further evidence. [4] The Tribunal has upheld the complaint on each of the grounds. The Complai...
...Pono Leagal Ltd, 1222 Eruera St, P O Box 1693, Rotorua 3040 C M Bidois, East Brewster Ltd, 1137 Pukuatua St, P O Box 1742 Rotorua, DX JP 30017 154 Waiāriki MB 262 Introduction [1] On 16 November 2016, Eddie Matchitt and Stephen Frires filed an application seeking orders under ss 231, 236, 237, 238, 240 and 242 of Te Ture Whenua Māori Act 1993 (the Act) to restrain the trustees of the Matangareka 3B Ahu Whenua Trust (the Trust) from taking any further steps until a revi...
...will of Rehia Henare equally in favour of: 10 (a) Eliza Raiha Walker (daughter) (b) George Walker (grandson) Further Title Issues [15] On 1 November 1999, the Court heard an application for an occupation order under s 328 of the 1993 Act, filed on behalf of Ned Wharehinga. 11 The Court granted the application upon the grounds that it was satisfied that notice requirements had been addressed, that the owners had sufficient time to discuss and consider the matter, that there...
...having succeeded in resolving most of the issues in the appeal, two matters remained that were not strictly within its jurisdiction, but which the original parties were keen to include in overall resolution. [5] In August 2016, the Respondent filed a Memorandum seeking directions under s 293 of the RMA in relation to those matters, being the Transfer Rule and the Intersection Rule. [6] Subsequently, and pursuant to directions from the Court, the Respondent prepared and notified c...
...by extending the area of occupation to encompass 2438 square metres. Rina Benjamin represented by Mr Armstrong Respondents: Daryl Smith and Dora Lee Smith represented by Ms Patuawa and with her Miss Rewiti The Applications The applicant has filed three applications as outlined above. Each application affects the respondents. The first, for an injunction has been settled. The respondents, have by memorandum filed in the Court, agreed that the interim order made by the Court may n...