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1. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

   ...advisory, or a 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. [15] The Court of Appeal considered the application of s222 in its important decision Clarke v Karaitiana. In that case a dispute arose as to the process of an election and the issues that needed to be taken into account when applying s222 of the Act: 8...

2. Smith v The Proprietors of Mangaroa and other blocks (2015) 113 Waiariki MB 1 (113 WAR 1) [pdf, 209 KB]

   ...Trust. 8 In that case the Māori Appellate Court agreed that it was useful for the Court to make a comparison with the High Court scale of costs in cases which are clearly analogous with High Court litigation. [29] I also refer to the Court of Appeal decision of Holdfast NZ Ltd v Selleys Pty Ltd. 9 At paragraph [41] of that decision Chambers J explained why a percentage of actual approach should not be sanctioned. I accept that the context of litigation in the Māori Land Court...

3. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2016) 122 Taitokerau MB 218 (122 TTK 218) [pdf, 195 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by...

4. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

   ...applications. An urgent hearing was sought in respect of both. [3] The first application was for an injunction against Manu Te Whata 1 . Mrs Te Whata was formerly a trustee but was removed (along with five other trustees) in 2010 (and upheld on appeal in 2011) 2 . [4] The injunction sought to prevent Mrs Te Whata from entering on the Akura lands administered by the Trust and carrying out any unauthorised acts on the lands. The Akura lands outside the curtilage area occupied by Mr...

5. Trustees of the Horina Nepia & Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) [pdf, 186 KB]

   ...its successor (NTTC) is the legal owner of the 3,781.28 shares in Tahamatā Incorporation transferred by Paora Te Hiwi on 30 August 1978. 1 At the conclusion of that decision I invited counsel to file submissions as to costs. I note that the appeal and rehearing period has now long since expired. [2] Ngāti Tukorehe Tribal Trust (NTTC) and the Incorporation filed a joint memorandum as to costs dated 3 February 2014. NTTC do not seek legal costs against the whānau trust as they we...

6. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...principles of open justice, the effect of which is that, except to the extent that any legitimate exception is made out, courts are required to dispense justice in public. 8 In Broadcasting Corporation of New Zealand v Attorney-General the Court of Appeal held: 9 Despite the importance attached to these basic concepts there have been occasional situations of a particularly pressing kind which have led to a court sitting in camera. Sometimes there has been statutory authority fo...

7. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...liberal award may well be made in the discretion of the judge, but there is no invariable practice; and 2 Nicholls v Nicholls - Part Papaaroha 6B Block (2011) Mäori Appellate Court MB 64 (2011 APPEAL 64) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Part%20Papaaroha%206B%20Block.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-ap...

8. CAC10017 v Xu [2013] NZREADT 16 [pdf, 46 KB]

   ...which satisfies the purposes of the Act. [20] After the conclusion of the hearing and before this decision was issued the High Court delivered a decision in Kumandan v Real Estate Agents Authority [2012] 6 NZHC 3555. This decision was an appeal against a finding of the Tribunal that Mr Kumandan was guilty of misconduct under s 73 of the Real Estate Agents Act 2008. The penalty imposed upon him was that his license be cancelled. The Court determined that in determining the...

9. Application for approval to provide legal aid services [pdf, 680 KB]

   ...Level 1 Criminal Provider approval Level 2 Criminal Provider approval Level 3 Criminal Provider approval Level 4 Family Mental Health Māori Land Court and Māori appellate Court Waitangi Tribunal Refugee and Protected Persons Court of appeal and Supreme Court employment advocate Specified legal services Duty Lawyer Police Detention Legal assistance (PDLa) i am applying for approval as a supervised provider in the following areas of law: Civil Criminal Family...

10. Scott - Erueti Te Karu [2014] Chief Judge's MB 260 (2014 CJ 260) [pdf, 195 KB]

    ...Te Ture Whenua Māori Act 1993. Section 48 (1) is set out below as follows: 2014 Chief Judge’s MB 268 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44, 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. 22. Based on these two factors, the appli...