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1. Palmer v Palmer - Joseph Hohepa and Gess Nukuhia Palmer Whānau Trust (2019) 180 Waikato Maniapoto MB 260 (180 WMN 260) [pdf, 305 KB]

   ...to notice and minutes. (e) The use of the homestead and issues relating to the applicant’s place of abode. (f) The lack of Trust reviews. The Law [5] The application is made under s 238 of the Act. In Clarke v Karaitiana, the Court of Appeal confirmed that this Court has wide powers under s 238.2 The Court of Appeal observed:3 Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court has wide sup...

2. [2021] NZEnvC 028 Goodwin v Wellington City Council [pdf, 990 KB]

   BEFORE THE ENVIRONMENT COURT AT WELLINGTON I MUA I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2021] NZEnvC 28 IN THE MATTER of an appeal under s 120 of Resource Management Act 1991 BETWEEN D GOODWIN, F CLOSE, P OL VER &CHORROCKS AND AND (ENV-2020-WLG-000007) Appellants WELLINGTON CITY COUNCIL Respondent WELLINGTON ZIPLINE ADVENTURES LIMITED Applicant Court: Environment Judge BP Dwyer Environment Commissioner DJ Bunting Hearing: 5-7 Octobe...

3. Higgins - Succession to Hauriri Kere [2021] Chief Judge's MB 88 (2021 CJ MB 88) [pdf, 289 KB]

   ...(2020 CJ 1268-1293) 2 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 3 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2021 Chief Judge’s MB 97 [11] The Chief Judge’s jurisdiction was described by the Court of Appeal in Inia v Julian (2020) as follows:4 … the powers vested in the Chief Judge under s 44(1) of the Act fall i...

4. [2019] NZEnvC 077 Bunnings Limited v Queenstown Lakes District Council [pdf, 3.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 77 of the Resource Management Act 1991 of an appeal pursuant to section 120 of the Act BUNNINGS LIMITED (ENV-2018-CHC-015) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner D J Bunting Deputy Environment Commissioner J T Baines Hearing: In Chambers at Christchurch (Final memor...

5. Pirini v Ure - Oakura Pa (2020) 425 Aotea MB 237 (425 AOT 237) [pdf, 274 KB]

   ...“satisfactorily”.9 It was held that the Court is required to carefully review the trustees’ performance against standard trust duties to decide whether removal was appropriate in the circumstances of the particular case. [33] Then in the Court of Appeal decision Rameka v Hall, that Court underscored the necessity for trustees to consistently follow their duties and responsibilities and that when trustees’ behaviour was contrary to those duties then removal was inevitable.10...

6. [2020] NZEmpC 13 Elisara v Allianz New Zealand Ltd [pdf, 223 KB]

   ...vindication. [11] There will be circumstances in which it is reasonable to decline a Calderbank offer on the basis that its terms are not sufficiently certain. In Health Waikato Ltd v Van der Sluis (a judgment referred to by the plaintiff) the Court of Appeal held that where something is not explicitly said to be included in the offer, it can be concluded that it is not included.9 What made it reasonable to reject the offer in that case was that, without the inclusion of pre-offe...

7. Solomon v Otte - Te Awapatiki- B2 & 2B3 (2021) 74 Te Waipounamu MB 125 (74 TWP 125) [pdf, 320 KB]

   ...litigation concerning the applicant’s purchase of one-quarter of the shareholding of the trust.3 2 7 Chatham Islands Minute Book 116 (7 CHAT 116). 3 Solomon v Smith – Te Awapatiki No 2A1 and others [2012] Māori Appellate Court MB 563 (2012 APPEAL 563). 74 Te Waipounamu MB 128 [9] Until recently, the trustee group had consisted of 3 trustees representing the 3 branches of the Solomon hūnau still holding shares, and the applicant representing his own shareholding....

8. [2021] NZREADT 42 - Complaints Assessment Commitee v Vulinovich (6 August 2021) [pdf, 259 KB]

   ...falsified records were genuine and refused to accept responsibility for her actions. His Honour characterised Ms Prasad as having come before the Tribunal “not … as a penitent but as a recalcitrant”.14 On those grounds, the Authority’s appeal against the Tribunal’s order for suspension of Ms Prasad’s licence was overturned and cancellation ordered. [47] Similarly, Mr Mairs did not admit any wrongdoing and maintained that stance throughout the disciplinary process. The...

9. Taueki v Taueki - Horowhenua No 11B Subdivision 14 (2021) 437 Aotea MB 134 (437 AOT 134) [pdf, 264 KB]

   ...trust order and general trust law principles. As Mr Rudd suggested, it 11 See Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) 12 Te Whata v Paku – Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55) 437 Aotea MB 143 would appear that one of the challenges trustees face from time to time is that their level of competence in understanding the rules of trusteeship as well as possessing sufficient financial and governanc...

10. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

    ...his professional obligations. 2 Chaudhary v Real Estate Agents Authority [2019] NZREADT 24, Complaints Assessment Committee 1905 v Brady [2021] NZREADT 35, Complaints Assessment Committee 409 v Wong [2018] NZREADT 16. 5 2. The Court of Appeal has highlighted the importance of an agency agreement.3 3. He breached his obligation to the parties (marketing the property without an agency agreement) and acted unprofessionally towards his employer. 4. By failing to inform his em...