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1. [2016] NZEmpC 152 Pretorius v Marra Construction [pdf, 141 KB]

   ...reasonable. (2) The court may apportion any such costs and expenses between the parties or any of them as it thinks fit, and may at any time vary or alter any such order in such manner as it thinks reasonable. [16] It is well established from Court of Appeal decisions that the Court is required first to determine whether costs incurred by a successful party were reasonably incurred, and then after an appraisal of all relevant factors, decide at which level it is reasonable for th...

2. Bloor - Runanga 2E Block (2017) 162 Waiariki MB 203 (162 WAR 203) [pdf, 205 KB]

   ...actions of the trustees, including their repeated applications to vary the trust order. The Court underscored the importance of adherence to the provisions of s 244 of the Act: 5 [65] In The Trustees of Pukeroa Oruawhata v Mitchell the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variation suf...

3. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...http://www.legislation.govt.nz/regulation/public/2016/0225/latest/link.aspx?search=ad_act%40regulation__high+court+rules____25_ac%40bn%40rc%40dn%40apub%40aloc%40apri%40apro%40aimp%40bgov%40bloc%40bpri%40bmem%40rpub%40rimp_ac%40rc%40ainf%40anif%40bcur%40rinf%40rnif_a_aw_se&p=1&id=DLM6951801#DLM6951801 185 Waiariki MB 111 (b) determine the sufficiency of the objection. (4) If the Judge determines that the objection is not sufficient, the application is not entitled to obj...

4. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

   ...was also a request for the establishment of a commission of inquiry to review local government and resourcing for Māori participation in all local government processes (e.g., Resource Management Act and Local Government Act). A couple of speakers appealed for the information gleaned through these hui to be transmitted to local government so they understand the need for change and the context. • Treaty Settlements – A couple of speakers indicate it was important to develop new pro...

5. Muru v Maungatautari Ecological Island Trust - Wani Wani 1 Block (2016) 131 Waikato Maniapoto MB 77 (131 WMN 77) [pdf, 204 KB]

   ...occasions. 2 [12] In the recent decision Stockman v Lee – George Stockman Family Trust, 3 the Court referred to the specific jurisdiction in the High Court Rules regarding costs of discontinued proceedings, and the approach of the Court of Appeal in Kroma Colour Prints Ltd v Tridonicatco NZ Ltd and Earthquake Commission v Whiting. 4 Those authorities confirm that the Court retains discretion on all costs matters and costs will follow the event even when a notice of discontinua...

6. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...submissions. In his view, the situation was one where there was little that he could likely achieve, and a brief identification of the circumstances was the best approach in this case. A reiteration of matters already on record would not assist, so a brief appeal on the strongest grounds was most likely to be successful. Evaluation of the circumstances [17] The adviser quite frankly accepted that ideally he might have lodged the request sooner; he was not convinced that there was anyt...

7. MVDT Annual Report 2012-2013 (Auckland) [pdf, 220 KB]

   ...misrepresented it to them. The Tribunal ordered Mr Taylor to pay the Tuanuis the purchase price of the vehicle and their costs of getting it to the Chatham Islands as well as the costs of their attending the hearing; a total of $24,961.64. Mr Taylor has appealed against the Tribunal’s decision claiming he did not sell the vehicle to the Tuanuis. (b) A case where an old high mileage car was supplied to purchaser on a long term unmaintained lease The case of Shontelle Crosby v...

8. [2020] NZEmpC 176 Gates v DC Cladding and Re-Clad Solutions Ltd [pdf, 219 KB]

   ...impose a sanction for non- compliance.10 In this case I consider a fine is the appropriate sanction and that is consistent with the submission made by Mr Mathews, advocate for the plaintiff, at the hearing. In Peter Reynolds the Court of Appeal indicated that a range of factors will be relevant in assessing the level of a fine. Those factors include the nature of the default (deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it is on...

9. Ngatai v Tawhai - Wharawhara 22 (2020) 241 Waiariki MB 252 (241 WAR 252) [pdf, 239 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [12] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgment Rameka v Hall,8 that Court’s decision Naera v Fenwick,9 and Pryor v Perenara, a judgment of the Māori Appellate Court.10 [13] All these authorities support the following general propositions: (a) removal is a serious...

10. Tamihana - Ngaiotonga (B) (2008) 121 Whangarei MB 241 (121 WH 241) [pdf, 1.6 MB]

    ...previously been rebuffed in atly effort to use or develop the land or that he has even approached his co-owners about his ideas for the land. The pat-tition is not for the purpose of resolving an intractable dispute amongst owners. It does not appeal' that the owners have met to consider the use of the land for many years. Mr Tamihana 's application has more or less come out of the blue. [1 8] It is also significant that this land has a relatively natTOW area of coastal fi&#...