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...for review. 1 Email BB to NZLS (7 January 2015). 3 • A Committee may elect to take no further action on a complaint, if there is, in the circumstances, an appropriate remedy or right of appeal. Application for Review [8] Mr BB filed his application to review the decision of the Standards Committee [City A] on 26 March 2015. He submits that: • His complaint about a paragraph (clause 16) in the Standards Committee [Ci...
...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [16] An interested party may apply for a rehearing but a rehearing application must be made within...
...[2] For over 10 years the Nursery buildings have been occupied by Ms Taueki’s brother Mr Phillip Taueki. Mr Taueki’s occupation has been the subject of previous litigation. On 4 November 2015 I made the following orders (subsequently upheld on appeal): 1 1. Pursuant to Sections 19 and 20 of the Te Ture Whenua Māori Act 1993:- a. That the Respondent, Mr Phillip Dean Taueki (together with his agents, servants, invitees, licencees or workmen) immediately remove themselves and the...
...Mrs Apostolakis. That order was made on 15 September 2006. Subsequently, on 13 October 2009 judgment was given in the Family Court in relation to matrimonial property proceedings between the couple. While Mrs Apostolakis may have endeavoured to appeal the 13 October 2009 decision, that appeal was abandoned. See Apostolakis v Kolich [2012] NZHC 212 at [45]. That judgment contains a description of certain events which flowed from the 13 October 2009 judgment, events which have no direc...
...$11,000. Calderbank offer [32] The second matter raised by Mr Macdonald in opposition to an order being made was a Calderbank offer by Mr Tuilaepa made in an effort to settle the proceeding. In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal 8 Table at [16]. emphasized a steely approach is required to costs where Calderbank offers have been made.9 [33] In Mattingly v Strata Title Management Ltd this Court sa...
...where she gave sworn evidence. To suggest that it was not her intention to transfer her interests in the other (14) blocks is a moot point. She had the opportunity to contest/object to the transfers at the hearing and also after the hearing by way of appeal. The evidence is clear that she did not pursue the matter. 1 2011 Chief Judge's 1.1B 254-256 (2011 CJ 254) 2013 Chief Judge's MB 50 Consideration of whether matter needs to go to full hearing 17. In this Case Manager&...
...been filed,4 and Mr Wood has appropriately requested that his challenge be resolved on the papers. [6] Since the challenge was brought on a non de novo basis, I apply the following principles:5 a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its det...
...custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. In Clarke v Karaitiana the Court of Appeal emphasised the importance of beneficiary support when considering trustee appointments and the nature and scale of the trust when applying s 222:5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obl...
...per the 1927 recommendation). (f) The Appellate Court considered the fact that the Court records showed frequent use of the term Umuariki Meetinghouse and there was evidence of the involvement of the wider Umuariki whānau, lack of objection or appeals etc at the time the 1927 matter was heard until the present application filed in 1990. (g) Otene - Part Tauhara Middle 4A2A (Mount Tauhara) is authority for the view that weight be given to the views of the owners and that those o...
...part, and accordingly, directions are issued at the end of this judgment. Background [9] Owhaoko C1, C2, C4, C5 and C7 blocks are the corpus of Owhaoko C Trust. This trust has been before the Māori Appellate Court previously (ironically on the appeal of Mr Karena) including in 2004 where a useful summary of the trust lands can be found: 1 The Land comprises five separate blocks the details of which are set out below. It is administered by an ahu whenua trust, the Owhaoko C7 Tru...