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1. Tautari - Estate of Wairua Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) [pdf, 88 KB]

   ...Appointment of trustees [5] Section 222 of Te Ture Whenua Māori Act sets out the relevant factors for the appointment of trustees to a trust constituted under Part 12 of the Act. [6] There are no specific disqualifying factors in s 222. The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.2 In that case the Court confirmed that the views of the owners will be compelling, unless there are relevant disqualifying considerations:...

2. [2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes [pdf, 255 KB]

   ...costs is necessary. M E Perkins Judge Judgment signed at 12 noon on 23 October 2018 4 Hollinshead v Davey [2018] NZEmpC 116. 5 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91.

3. LCRO 211/2017 PD v OR and FX (16 October 2018) [pdf, 146 KB]

   ...complained about advice provided to him in 2004 by Ms OR with regard to a contracting out agreement (the Agreement) pursuant to s 21 of the Property (Relationships) Act 1976 (the PRA).1 [2] Mr PD also complained about Mr FX, who acted for Mr PD on appeal to the High Court in 2017 after the Family Court had set the Agreement aside. [3] On receiving the complaint, the [Area] Standards Committee [X] (the Committee) determined, pursuant to s 137(1)(c) of the Lawyers and Conveyancers Act...

4. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

   ...pay a fine of $2,000.00. The fine is to be paid to the Authority within 20 working days of the date of this decision. [18] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ___________________ Ms C Sandelin Member...

5. Clarke - Poukawa Patangata Ahu Whenua Trust (2020) 86 Takitimu MB 52 (86 TKT 52) [pdf, 198 KB]

   ...have then resulted in the election of trustees who may not have held the complete supprot of the owners, it would appear that there was sufficient support for the nominees, taking into account the principles set out in the decision of the Court of Appeal Clarke v Karaitiana.5 In that case the Court confirmed that the views of the owners will be extremely important to the determination by this Court as to which nominees are the most appropriate for appointment: [51] The touchsto...

6. Amendments to Te Ture Whenua Maori Act 1993 December 2020 [pdf, 891 KB]

   ...individualised. Provisions regarding landlocked land have also been updated. The Court can take account of a broader range of factors when granting an order for reasonable access to landlocked Māori land, which can help whānau gain access to their whenua. Appeals about landlocked land will also be heard by the Māori Appellate Court rather than the High Court. To support how the Māori Land Court functions, judges will be able to appoint experts in tikanga Māori and whakapapa as addit...

7. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...discussions that took place in mediation. [16] Statements and submissions made orally at mediation come within the ambit of s 148(1) of the Act and the parties are therefore required to keep them confidential.4 [17] As stated by the Court of Appeal in Just Hotel Ltd v Jesudhass, this: … reflects the desirability of encouraging the parties to a mediation to speak freely and frankly, safe in the knowledge that their words cannot be used 3 Attorney-General v Prince [1998] 1 NZL...

8. [2020] NZEnvC 210 Hamilton City Council v Global Metal Solutions Limited [pdf, 241 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TA.MAKI MAKAURAU IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 2. l 0 of the Resource Management Act 1991 (the RMA) of an appeal application for enforcement orders under s 316 the RMA HAMIL TON CITY COUNCIL (ENV-2019-AKL-000319) Applicant GLOBAL METAL SOLUTIONS LIMITED First Respondent Court: Environment Judge M Harland Environment Commissioner A Gysberts Hearing: On the pa...

9. Environment Commissioner Auckland Application Pack [docx, 44 KB]

   ...any number · 11 Environment Commissioners of which there can be any number · 3 Deputy Environment Commissioners (who act in place of Commissioners during periods of absence) and again there can be any number. The Court considers applications and appeals made under the RMA and has wide ranging jurisdiction under the Act. It also has significant jurisdiction under other legislation. A quorum for the Court is one Judge and a Commissioner but the general practice is for a Judge to sit wit...

10. Fisher v Foster (Costs) [2020] NZHRRT 29 [pdf, 623 KB]

    ...3). [8.8] On the other hand, understanding and compassion are equally important. See Andrews [80] as well as Meek v Ministry of Social Development [2013] NZHRRT 28 and Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 which was upheld on appeal in Commissioner of Police v Andrews [2015] NZHC 745 at [65], [68] and [73] to [74]. Reference should also be made to Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 (Lohr) at [7] and [13] to [16]. [9] In Lohr at [6.7]...