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1. Wikiriwhi v Houpapa - Hurakia Trust (2013) 85 Waiariki MB 107 (85 WAR 107) [pdf, 140 KB]

   ...abilities of all the trustees and submitted that all trustees should be required to attend trustee training. Legal Principles [16] The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington) the Court of Appeal confirmed that this Court has 85 Waiariki MB 111 extensive supervisory powers in relation to trusts. Blanchard J noted at pp 9-10 that the Maori Land Court: “…is expressly given in s237 in respect of any trust to...

2. Maori Trustee v Forde - Section 186 Block V Longwood Survey District (2013) 19 Te Waipounamu MB 249 (19 TWP 249) [pdf, 100 KB]

   ...expert evidence presented by the respondents was relevant and appropriately tested the applicant’s case. 2 Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 540 (2012 APPEAL 540) at [47] – [48]. 3 Riddiford v Te Whaiti (2001) 13 Takitimu MB 184 (13 ACTK 184). 19 Te Waipounamu MB 256 [22] I award 70 per cent of the applicant’s costs incurred on a solicitor-client basis, not including the...

3. CAC 10031 v Maran [2011] NZREADT 23 [pdf, 107 KB]

   ...to the complainant were both false and intended to deceive him in relation to both charges. [26] Accordingly both charges against the defendant are dismissed. [27] Pursuant to s 113 of the Act the Tribunal advises the Applicant of the right to appeal this decision to the High Court as conferred by s 116 of the Act. DATED at WELLINGTON this 29th day of August 2011 ______________________________ Judge M Hobbs Chairman ______________________________ Ms J Robson...

4. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...In general, we feel that it would not have been excessive for the defendant’s period of suspension to have been longer than we have ordered. 6 [27] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

5. ENVC paper Workshops on expert conferencing 2013 [pdf, 172 KB]

   ...conferencing is not to be seen as an immediate step following the Council process. In other words, the matter doesn’t ‘go away’ while parties wait for the Court to set a timetable, rather the impetus is continued directly following the lodging of appeals and remaining parties joining the case. This can contribute powerfully to shortening of case disposal times. It also acts to concentrate the minds of parties on what the key issues are in the case, and focus on likely outcomes and...

6. CAC20004 v Singh [2015] NZREADT 89 [pdf, 172 KB]

   ...and defendant have the opportunity to be heard and cross-examined. [31] Accordingly, the defendant’s application for strike-out is hereby dismissed. [32] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C...

7. Bennett - Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) [pdf, 163 KB]

   ...determination that the individual who has been recognised as a whāngai is not entitled to succeed. 1 Kameta v Nicholas – Estate of Whakaahua Walker [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 2 Hohua – Estate of Tangi Biddle or Hohua (2001) 10 Waiariki Appellate Court MB 43 (10 APRO 43) http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=ACT-NZL-PUB-Y.1993-4%7eBDY%7ePT.4%7eSG.!73%7eS.115%7eSS.2&...

8. Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (2015) 107 Taitokerau MB 262 (107 TKT 262) [pdf, 176 KB]

   ...to rule 7.5(2)(b) of the Māori Land Court Rules 2011 these orders are to issue forthwith. 9 Te Hokowhitu v Proprietors of Matauri X – Matauri X [2010] Māori Appellate Court MB 566 (2010 APPEAL 566). 107 Taitokerau MB 269 [39] I grant leave for the applicant to seek any further orders if necessary. Dated at Whangarei on Friday this 24 th day of June 2015. M P Armstrong JUDGE...

9. Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611) [pdf, 358 KB]

   ...error has been made in the presentation of the facts of the case to the Court when succession was made to the deceased’s Māori land interests. 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2015 Chief Judge’s MB 617 [11] Accordingly, I now grant this application and make the following orders as set out below: Orders [12] In terms of section 44(1) of Te...

10. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

    ...programme. However, as Ms Kilpatrick’s challenge was commenced well before the introduction of the guideline, the application for costs in these proceedings needs to be dealt with on the basis of established principles contained in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 4 Binnie v Pacific Health Ltd 5 and Health Waikato Ltd v Elmsly. 6 [9] The consideration of costs involves a two-stage process on the basis that costs will generally...