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1. Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A (2019) 407 Aotea MB 180 (407 AOT 180) [pdf, 107 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [24] In Rameka v Hall the Court of Appeal held that, in applying section 240, the Māori Land Court must carry out a two-stage test: first, it must ask if the relevant trustee has breached his or her responsibilities as a trustee; and second, if it finds that the trustee has...

2. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...arrangements they have entered into, that the relationship is a different one after it ended.8 [28] The intention of the parties points against a conclusion that the real nature of the relationship was employment. Control test [29] The Court of Appeal described the control test in Challenge Realty Ltd v Commissioner of Inland Revenue.9 The concept is the right of control over the putative employee which is generally recognised as a necessary and important condition of a contr...

3. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...of the trust: (b) the proper administration and management of the business of the trust: (c) the preservation of the assets of the trust: (d) the collection and distribution of the income of the trust. [20] In Rameka v Hall, the Court of Appeal noted that these general duties are not exhaustive and general trustee law principles are also relevant, as is the applicable trust order.7 In other words, trustees are subject to traditional trustee duties with the statutory overlay...

4. [2021] NZEnvC 085 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.5 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER OF BETWEEN AND AND Decision No. [2021] NZEnvC 085 appeals under s 120 of the Resource Management Act 1991 RANGITANE O TAMAI(! NUI-A-RUA INCORPORATED (ENV-2018-WLG-000034) TARARUA DISTRICT COUNCIL (ENV-2018-WLG-000035) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment...

5. [2021] NZEmpC 90 OSS Ltd v Arthur [pdf, 264 KB]

   ...this. Jurisdiction [47] The application is brought under reg 64 of the Employment Court Regulations 2000. The principles are well known. In exercising discretion, the Court takes into account such factors as whether the applicant’s right of appeal would be ineffectual if no stay were to be granted; whether the appeal is brought and is being prosecuted for good reasons; whether the successful party would be effected injuriously by a stay; the effect on third parties; th...

6. Stewart v Eru - Succession to Teressa Ivor Silcock (2020) 200 Waikato Maniapoto MB 184 (200 WMN 184) [pdf, 266 KB]

   ...Te Hiwi Piahana Whānau Trust v Ngāti Tukorehe Tribal Committee and Tahamata Incorporation (2014) 319 Aotea MB 238 (319 AOT 238) at [11]-[13]. 2 Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652). 3 Karepa v Te Riini – The Kikorangi and Kareti Whānau Trust (2016) 144 Waiariki MB 3 (144 WAR 3), citing Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Court MB 206 (7 APWH 216). 4 See, for e...

7. CEIT Annual Report 2022 [pdf, 446 KB]

   ...1 0 100% 178 151 27 85% Graph 2: Claims history for top six insurers Rulings [32] Thirty-seven Tribunal rulings are now recorded on its website. Only one of those, relating to the Tribunal’s costs jurisdiction, has been appealed. No suppression orders have been made so far, but every endeavour is made to anonymise the identity of claimants to protect their privacy. The Tribunal’s rulings are useful to those resolving disputes outside the Tribunal and the f...

8. Ngāti Moerewa Māori Incorporation v Sanson - Part Maungakawakawa 20 (2024) 274 Taitokerau MB 292 (274 TTK 292) [pdf, 348 KB]

   ...or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. … [7] In Attorney-General v Prince, the Court of Appeal determined the approach to a strike out application:4 (a) Pleaded facts are assumed to be true (unless they are speculative or without foundation); (b) The cause of action must be so clearly untenable that it cannot possibly succe...

9. MOJ0343.1_YoungWit_Mar18_WEB.pdf [pdf, 1.8 MB]

   ...This can be unexpected and you and your parent or carer may want to talk this over with your court victim advisor or support worker. If the person is found guilty, they may be sentenced on the day or a date will be set for a sentencing hearing. Appeals Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court looks at the case again. If this happens, the prosecutor will let you know about the process. Sentencing The judge m...

10. Crozier - Succession to Molly Crozier [2023] Chief Judge's MB 531 (2023 CJ 531) [pdf, 304 KB]

    ...209) at [15]. 2023 Chief Judge's MB 539 into account the nature and gravity of the matter at issue.5 This means that the Applicants must establish on the balance of probabilities that there was a mistake or omission. [15] The Court of Appeal has recently confirmed that the power under s 44(1) of the Act falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of...