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1. Taueki - Horowhenua 11 (Lake) (2016) 363 Aotea MB 114 (363 AOT 114) [pdf, 158 KB]

   ...[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...

2. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

   ...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...

3. [2017] NZEmpC 144 CE of Social Development v Tuilaepa [pdf, 482 KB]

   ...$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...

4. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...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&...

5. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

   ...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...

6. Tipene - Taiwhakaea B Block (2020) 241 Waiariki MB 115 (241 WAR 115) [pdf, 302 KB]

   ...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...

7. Raumati - Urenui Pā (Lot 2 of Part Subdivision 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) [pdf, 272 KB]

   ...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...

8. Hakiwai - Owhaoko C1, C2, C4, C5, and C7 (2016) 52 Takitimu MB 130 (52 TKT 130) [pdf, 192 KB]

   ...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...

9. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...says is now long outstanding for repayment. [19] With the Family Court proceedings currently on foot concerning the Will of the deceased, there are limits on what can be achieved through this Court, pending the resolution of that claim and any appeals. Even so, it seems probable that the debt to Keld will be proven and is likely to remain the largest single estate liability, pending the outcome of the challenge to the Will. 8 Affidavit of Respondent Keld Hunia in Support of Notice...

10. Complaints Assessment Committee 403 v Elia [2017] NZREADT 7 [pdf, 110 KB]

    ...the Registrar of the Authority within 20 working days of the date of this decision. [29] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _______________...