Search Results

1. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

   ...relation to non-access easements, such as in the case of the present water easement. I discussed this issue in my decision in Smith – Ohuirua No 2. 7 The approach I took in that decision was upheld by the Māori Appellate Court in the subsequent appeal. 8 More recently, I discussed the approach the Court should take in assessing the level of owner support for an electricity easement in Top Energy Limited – Whakataha Z1C. 9 I concluded in that decision that the approach taken...

2. Bhana v Paniora - Wairau North 1B2C (2013) 69 Taitokerau 139 (69 TTK 139) [pdf, 155 KB]

   ...145D3B2B110 decisions were concerned more with the sufficiency of interests of the landowner rather than the sufficiency of support. The Rudolph v Reti – Otetao B3A211 decision did address sufficiency of support in the particular context of that appeal but did not discuss the principles to any degree. [40] The Māori Appellate Court has considered the equivalent test of sufficiency of support that applies to applications for partition, amalgamation or aggregation orders in s 288(...

3. [2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [pdf, 261 KB]

   ...as Bryson, 2 there is now a significant judgment of the Supreme Court of the United Kingdom 3 that I will also consider in this judgment. Bryson is the only case under s 6 that has been considered by the Supreme Court or indeed the Court of Appeal in this country. Analysis of the Supreme Court’s judgment reveals that it focuses significantly on the role of the Court of Appeal in employment proceedings as well as establishing, in more than general terms, the interpretation and...

4. Maori Land Court - Lot 300, Parish of Waioeka [2010] 2010 Maori Appellate Court MB 12 (2010 APPEAL 12) [pdf, 201 KB]

   ...state a case for the opinion of the Maori Appellate Court on any point of law that arises in those proceedings. (2) Any case stated under this section may be removed into the High Court under section 72 of this Act. (3) Subject to removal or appeal under section 72 of this Act, the decision of the Maori Appellate Court on any case stated under this section shall be binding on the Maori Land Court. [29] Rule 92 of the Māori Land Court Rules 1994 reads as follows: 92 Case st...

5. May 2015 Outstanding applications [pdf, 265 KB]

   ...on 24 March 2015 at (99 Taitokerau MB 119-126) - application to the Chief Judge A20150002427 45/93 Beau Wilson Oue 2B2C - against an order dated 5 July 1939 at 18 WH 244- 247 - Application to the Chief Judge A20150002458 58/93 Edward Matchitt Appeal 2015/10 - Te Kaha 65 Block - and a decision of the Court made at 104 Waiariki MB 145-151 on 16 September 2014 - Appeal A20150002454 45/93 Charlene Walker-Grace Tame Hone Haawe and a succession order dated 20 April 1982 at 59 Whangare...

6. July 2015 Outstanding applications [pdf, 266 KB]

   ...Application to the Chief Judge A20150002503 58/93 Te Uri Reihana-Ngatote, Desmond William Mahoney Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A, 3B2A - and an order made at 97 Taitokerau MB 234-273 dated 9 March 2015 - Notice of Appeal & Application for Stay A20150002600 45/93 Sharon Hohepa CJ 2015/12 - Pakuri Rangiheuea and succession orders made at 325 Rotorua MB 4-22 on 21 May 2008 - Application to the Chief Judge A20150002819 45/93 Gloria Antonovich Mataka...

7. August 2015 Outstanding applications [pdf, 268 KB]

   ...Application to the Chief Judge A20150002503 58/93 Te Uri Reihana-Ngatote, Desmond William Mahoney Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A, 3B2A - and an order made at 97 Taitokerau MB 234-273 dated 9 March 2015 - Notice of Appeal & Application for Stay A20150002600 45/93 Sharon Hohepa CJ 2015/12 - Pakuri Rangiheuea and succession orders made at 325 Rotorua MB 4-22 on 21 May 2008 - Application to the Chief Judge A20150002819 45/93 Gloria Antonovich Mataka...

8. September 2015 Outstanding applications [pdf, 271 KB]

   ...Application to the Chief Judge A20150002503 58/93 Te Uri Reihana-Ngatote, Desmond William Mahoney Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A, 3B2A - and an order made at 97 Taitokerau MB 234-273 dated 9 March 2015 - Notice of Appeal & Application for Stay A20150002600 45/93 Sharon Hohepa CJ 2015/12 - Pakuri Rangiheuea and succession orders made at 325 Rotorua MB 4-22 on 21 May 2008 - Application to the Chief Judge A20150002819 45/93 Gloria Antonovich Mataka...

9. Aitken v Laudermilk [pdf, 78 KB]

   ...made to Mt Albert Borough Council v Johnson [1979] 2 NZLR 234, 241 and Stieller v Porirua City Council [1986] 1 NZLR 84, for the proposition that the council is not an insurer or guarantor of building work. [85] In Stieller the Court of Appeal at p 94 said that the construction of houses with good materials in a workmanlike manner is a matter within the Council’s control. At p96, the Court of Appeal stated say that the contract between the owners and builders therefore doe...

10. KL v WS LCRO 160/2013 (15 June 2016) [pdf, 89 KB]

    ...and Scope of Review [9] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for t...