Search Results

1. Stowers v Short -Tumu Kaituna 14 (2021) 251 Waiariki MB 144 (251 WAR 144) [pdf, 243 KB]

   ...trust: (d) the collection and distribution of the income of the trust. [7] Beyond these obligations and those specific to the trust, general trustee law principles apply. These trustee duties were summarised in Rameka v Hall, where the Court of Appeal cited Apatu v Trustees of Owhaoko C Trust — Owhaoko C1: 4 a) A duty to acquaint themselves with the terms of trust; b) A duty to adhere rigidly to the terms of trust; c) A duty to transfer property only to beneficiaries...

2. Knuckey v Telford - Wahapakapaka 7A Block (2021) 431 Aotea MB 119 (431 AOT 119) [pdf, 214 KB]

   ...http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=ACT-NZL-PUB-Y.1993-4%7eBDY%7ePT.12%7eSG.!116%7eS.222%7eSS.5&si=57359&sid=67avr24ejjd7jpa6unngkjxu5h3c2ovv&hli=1&sp=statutes 431 Aotea MB 124 [19] The leading case regarding trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.8 In that decision, at paras [51] and [52], the Court underscores both the importance of the views of trust beneficiaries as well as the Court having the...

3. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...[2013] NZCA 203 5 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 6 Ellis v Faulkner - Poripori Farm A (1996) 57 Tauranga MB 7 (57 T 7) 7 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) 89 Tākitimu MB 87 appeal could have been filed. That has not occurred, and it has been almost been two years since the issuing of those orders in 2019 so those appointments stand. [20] Regarding Mr Puna’s nonattendance...

4. Deputy Registrar - Mohaka A4B (2021) 102 Tairawhiti MB 177 (102 TRW 177) [pdf, 268 KB]

   ...or persons (with the consent of that person or those persons) upon the terms of the trust, whether or not that person was previously a trustee. 102 Tairāwhiti MB 181 [18] The leading authority for the appointment of trustees is the Court of Appeal judgment Clarke v Karaitiana. In that decision, the Court underscored the necessity of considering a wide range of factors when making appointments. That included the views of the owners, which should carry considerable weight, bala...

5. PSPLA - Form B: Application for an individual licence [pdf, 642 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

6. [2017] NZEmpC 109 ALA v ITE [pdf, 162 KB]

   ...matters subject to his confidentiality obligations to the defendant organisation. The timeframe for compliance is immediate. b) It is clear that ITE was well aware of the order. This is evidenced, for example, by what transpired in the three appeals that have been determined subsequently in both the Court of Appeal and Supreme Court. The orders were specific as to what ITE was prohibited from doing; and the orders had immediate effect. c) Non-publication orders were made in...

7. Wang v Fu [2016] NZIACDT 38 (8 August 2016) [pdf, 109 KB]

   ...matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [23] In Ithaca (Custodians) Ltd v Perry Corporation [2004] 1 NZLR 731 (CA), the Court of Appeal considered what inferences may be drawn from the absence of witnesses. The Court observed at [153]-[154] that: The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference tha...

8. Minister of Māori Development - Otaramuturangi or Otara o Mutu Rangi (Burial Ground) (2017) 163 Waiariki MB 246 (163 WAR 246) [pdf, 304 KB]

   ...knowledge of the individual or body; and (b) Shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [21] In Clarke v Karaitiana the Court of Appeal confirmed the importance of s222: [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those is...

9. QAB v PAC, OAD and NAE LCRO 93/2015, 94/2015 and 142/2016 [pdf, 105 KB]

   ...recite the facts giving rise to these complaints in any detail as they are well known to the parties. 2 [3] In brief, Mr QAB and Mr MAF were convicted and sentenced to periods of imprisonment but their convictions and sentences were quashed on appeal due to a miscarriage of justice. The miscarriage had arisen because the prosecuting lawyer (Ms NAE) did not present the full record of Judge [X]’s sentencing indication to the trial Judge. Judge [X] had noted that evidence was...

10. Carroll - Estate of Kahui Pepi Carroll (2007) 187 Napier MB 277 (187 NA 277) [pdf, 255 KB]

    ...Napier MB 280 Effect ofsectioIl48(1) ofTe Ture Wllellua Maori Act 1993 [13] Section 48 states: "48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. (2) No payment made in good faith pursuant to or...