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1. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

   ...under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. 36 Takitimu MB 194 [29] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where it was said: 17 [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...

2. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...Court to consider whether there is an arguable defence to a plaintiff’s claim, sufficient to resist an application for summary judgment, before ordering a stay of proceedings. [50] The Supreme Court considered the approach taken by the Court of Appeal in its consideration of the word “finds”. The Court of Appeal had found that “finds” indicates that Parliament contemplated a judicial inquiry, which would normally involve affidavit evidence and legal submissions as to the...

3. Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) [pdf, 248 KB]

   ...Roston Farm, over which access was sought. 6 [6] The Tribunal noted that pursuant to s 7(1)(c) of the Treaty of Waitangi Act 1975, there was a discretion not to inquire further into a claim if there is an alternative “adequate remedy or right of appeal” which it would be reasonable for the claimant to pursue. 7 The Tribunal further noted that s 326B of TTWMA had been newly amended to provide that “owners of land-locked land may apply at any time to the Court for an order.” 8...

4. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...Law of Contract in New Zealand (2nd Edition) at 14.3.1. [31] A voluntary transaction is treated differently. It need not be shown that the other party knew of the person’s mental incapacity. In Scott v Wise [1986] 2 NZLR 484 the Court of Appeal ruled that voluntary transactions will be avoided at the instance of the donor or his representative once lack of capacity is established unless there is some equitable defence (page 493). In Dark v Boock [1991] 1 NZLR 496 the High Cou...

5. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

   ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...

6. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   ...staff on a labour only basis with some contractors for particular kinds of work”. The District Court Judge who dealt with the original claim found that the original owners were “in effect head contractors” and this was upheld by Temm J on appeal. Another example of an owner using labour only subcontractors being held to be the “head contractor”. [34] Counsel goes on to assert that the Crightons “did not get advice or employ an experienced tradesperson to supervise th...

7. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...application was framed, and the manner in which Mr JK has approached the review process, has not assisted with progressing this matter to an expeditious resolution. [31] Mr JK notes in his application that he is giving notice that he intends to appeal [review] the Standards Committee decision. [32] He indicates that he is awaiting more documents that will “prove” his appeal. He suggests that when those documents become available, he will be in a position to provide the Legal...

8. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...with the same powers and authorities that the High Court has in respect of trusts generally, under the Trustee Act 1956 and the common law by virtue of the Court’s inherent jurisdiction. This jurisdiction is not exclusive. 9. The Court of Appeal has described the Māori Land Court’s powers with respect to trusts as “the most extensive supervisory powers”. This is in keeping with the 4 Māori Trustee v Smith – Waipaoa 5...

9. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...affected individuals. 3 12.2. Compliance notices: The Commissioner will be able to issue compliance notices to require an agency to do something, or stop doing something. The Human Rights Review Tribunal can enforce compliance notices and hear appeals. 12.3. Strengthening cross-border data flow protections: New Zealand agencies (the name used for any entity handling personal information) will be required to take reasonable steps to ensure that personal information disclosed over...

10. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

    ...their obligations under a trust. At this point our examination of the conduct of the trustees is confined to the finding of inequitable treatment of beneficiaries. The duties that are relevant to the actions of the trustees in the context of this appeal and which we need to consider are those to adhere to the terms of trust, to maintain impartiality between beneficiaries and to avoid any conflict of interest. [37] The authors G E Dal Pont and D R C Chalmers in Equity and Trusts in Au...