Search Results

1. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...Waikato-Maniapoto ACMB 34. This case also concerned the election of trustees to a Maori reservation where the Lower Court, following a hui of beneficiaries, made orders removing trustees and appointing replacements. The Appellant, who was a beneficiary, appealed both orders. The Maori Appellate Court held that as the trustees who were removed had expressed a desire to resign, there was no issue with those orders. However, had any of the trustees disputed their resignations they would have...

2. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...[1988] 1 NZLR 197. The legal principles identified in the Maori Appellate Court decision in re Rata - Te Rongoroa A7 (1991) 13 Aotea Appellate MB 228 are relevant to the Termination Application, even though it deals with the previous legislation. That appeal concerned the refusal by the Lower Court to terminate Te Rongoroa Farm and Forest Trust in respect of Te Rongoroa A7 and to form a trust in respect of Te Rongoroa A7 and Part A8. In that case the Appellate Court had to consider wheth...

3. [2017] NZEnvC 038 Gravatt v Pierau [pdf, 547 KB]

   ...The Respondent Mr Pierau having been refused resource consent by Auckland Council to hold outdoor art, dance and music events, weddings and corporate functions on the southern part of his 31.8437 Ha rural site at 186 Atkins Road Tomarata, (under appeal lodged late last year but unlikely to be resolved until the second quarter of 2017), now proposed to hold a "Shipwrecked Festivaf' there during Waitangi weekend in early February, purportedly as a permitted temporary activity....

4. Philip Clarke (filed 6 June 2017) [pdf, 177 KB]

   BEFORE  THE  ENVIRONMENT  COURT       CHRISTCHURCH  REGISTRY     ENV-­‐2016-­‐CHC-­‐47     IN  THE  MATTER     of  an  appeal  under  section  120  of   the  Resource  Management  Act   1991   BETWEEN       BLUESKIN  ENERGY  LIMITED     Appellant                AND   DUNEDIN  CITY  COUNCIL       Respondent    ...

5. [2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson [pdf, 181 KB]

   ...cases where the Court had been prepared to use the regulation to award either indemnity costs or order costs “at or about the level of indemnity costs”. In Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue 11 the Court of Appeal confirmed that the leading case on indemnity costs is Bradbury v Westpac Banking Corp. 12 In Bradbury the Court stated a non-exhaustive list of categories in which indemnity costs had been ordered as follows: 13 (a) the making o...

6. Craig - Wainui 2F4D (2005) 37 Kaikohe MB 19 (37 KH 19) [pdf, 687 KB]

   ...part of the land to daughter Bertha, with the Applicant retaining the balance, and (b) each to sell a part in order to build or develop the balance each retained. In support, the Applicant relies upon the Maori Appellate Court decision Re White (Appeal 1998/18) and the Court of Appeal decision Bruce & Ors v Edward & Ors [2002] CA 19/02. Applicant's counsel argues that, in determining effective management and utilisation of land, the Court must not only take an objective vi...

7. Legal Complaints Review Officer v Morrison [2018] NZLCDT 40 [pdf, 339 KB]

   ...the Act). 4. Mr Morrison is to refund to the New Zealand Law Society the costs of the Tribunal in full (pursuant to s 249 of the Act). 5. The existing orders for non-publication are to continue in force pending the outcome of Mr Morrison’s appeal to the High Court. 6. The order for suspension is not to come into force until the outcome of the appeal. DATED at AUCKLAND this 27th day of November 2018 BJ Kendall Chairperson...

8. Cooper v Corrections [2019] NZHRRT 23 [pdf, 201 KB]

   ...sentence, consultation with the employer is required because of the need to monitor offenders during the working day. Without such contact, a community-based sentence would not be supported. [38] In R v Willing (1997) 15 CRNZ 340 (CA), the Court of Appeal considered the exception in Principle 11(e)(iv). The Court endorsed a statement made by Hammond J in R v Parsons (1995) 2 HRNZ 166 (HC), that the purpose of the exception in Principle 11(e)(iv), is intended to ensure that law enforce...

9. Justice Matters - issue 05 - December 2016 [pdf, 3 MB]

   ...difference to New Zealanders’ lives. Since 2013 there has been an overall reduction of 30% achieved in areas where the majority of New Zealanders interact with the court system, that is District Court category 1 criminal cases, High Court civil appeals, and the specialist courts and tribunals. We’ve improved our timeliness by focusing on clearing old cases first and improving the speed and quality of court administrative processes. It’s now time to take a new, modified a...

10. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

    ...connected by whakapapa to the land and each other. On occasion, an award of costs will frustrate this aim. 13 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 147 Taitokerau MB 246 [17] Mr Paerau is a beneficiary of the whānau trust, which in turn is a beneficiary of this trust. As such, it could be argued that an award of costs is not appropriate in this case as it...