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1. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...applicant made the following salient points relating to the nature of her claim: 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block (2010) Māori Appellate Court MB 167 (2010 APPEAL 167). 2016 Chief Judge’s MB 234 (a) She contended that the claim of Ms Yates is not one of equity, but rather one of statutory relief, and therefore the principle “he who comes into equity must come with clean hands�...

2. Insley v Huritu - Awanui Haparapara No 4B (2017) 167 Waiariki MB 194 (167 WAR 194) [pdf, 247 KB]

   ...the individual or body; and (b) shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. … [27] In Clarke v Karaitiana the Court of Appeal considered the Court’s discretion in appointing trustees, referring to the provisions in s 222(2). 2 The Court noted: [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the abil...

3. Roberts v McKenzie - Tokaanu Māori Township 2nd Residue Trust (2017) 371 Aotea MB 133 (371 AOT 133) [pdf, 340 KB]

   ...are outside Ngāti Tuwharetoa and can make further submissions on this if necessary. Respondents’ submissions [39] Counsel submits that per s 237 the Court has the same powers as the High Court in respect to trusts. In line with the Court of Appeal decision in Kain v Hutton counsel submits that when exercising its supervisory function the Court can only be concerned with the welfare of the beneficial owners. Mr Hickman argues that the enduring concern for the applicant is that...

4. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...Principles of Real Property Law (2nd ed, LexisNexis, Wellington, 2014) at 3.004(a). John Burrows (ed) Land Law (online looseleaf ed, Brookers) at C06. Resource Management Act 1991, ss 339(2)(b) and 340. [35] This approach has now been upheld on appeal. 14 [36] The texts referred to by the High Court address these concepts in detail, as did Dr Palmer's submissions before me as amicus. Relevantly, a lease creates a leasehold estate which is less than the freehold and is therefore...

5. Te Manutukutuku Issue 72 [pdf, 3.3 MB]

   ...district inquiries and on two urgent inquiries. Those were the Kiwifruit Marketing and Ngāti Maniapoto / Ngāti Tama Settlement Cross­Claims inquiries. Justice Joe Williams, the former Chair person of the Tribunal, was appointed to the Court of Appeal in December 2017. While he was the Chief Judge of the Māori Land Court, Justice Williams served as Deputy and Acting Chairperson from 1999 to 2004 and then as Chairperson up to his appointment to the High Court bench in 2008. ...

6. Attorney-General Submissions - 4 December 2017 [pdf, 383 KB]

   IN THE ENVIRONMENT COURT AUCKLAND ENV-2015-134 IN THE MATTER OF Of the Resource Management Act 1991 and of an appeal under Clause 14 of the First Schedule of the Act BETWEEN MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent SUBMISSIONS FOR THE ATTORNEY-GENERAL 4 December 2017 CROWN LAW TE TARI TURE O TE KARAUNA PO Box2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Contacts: Jeremy Preb ble /Nicholai Anderson J eremy.Preb ble@...

7. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [pdf, 199 KB]

   ...direction: https://legislation.govt.nz/act/public/2007/0015/latest/whole.html#DLM407307 https://legislation.govt.nz/act/public/2007/0015/latest/link.aspx?id=DLM1440300 13 (c) a claim for recognition as a refugee or a protected person, and any related appeal or matter: (d) a matter relating to immigration sponsorship: (e) a matter relating to an immigration obligation: (f) an appeal in relation to an immigration matter … 7 What constitutes immigration advice (1) In this Act...

8. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...necessary to protect the health and safety of those in the immediate area and property from damage, and to prevent prohibited items from being taken onto aircrafts.12 Reasonable expectations of privacy are lower in public places 53. The Court of Appeal has observed that “reasonable expectations of privacy are lower in public places than on private property.”13 In the specific context of air travel, it is suggested that individuals have a lowered expectation of privacy at an internat...

9. Gay v Tupara-Katu - Succession to Boy Kapua [2021] Chief Judge's MB 1120 (2021 CJ 1120) [pdf, 292 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [23] The Court of Appeal has recently confirmed that the power under s 44(1) 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 the cou...

10. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

    ...annulled more than 10 years after the date of the order. Parties affected by orders made under the Act must be able to rely on them. For this reason, the Chief Judge’s special powers are used only in exceptional circumstances. [36] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:14 13 Ashwell – Rawinia or Lavina Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 14 Inia v Julian [2020] NZCA 423 at [10]....