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1. 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...

2. 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...

3. [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...

4. 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...

5. 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&#...

6. Acoustic (dated 6 June 2017) [pdf, 308 KB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent ACOUSTICS – JOINT WITNESS STATEMENT 6 June 2017 2 Introduction 1. Expert conferencing on acoustics was undertaken between Malcolm Hunt (engaged by Dunedin C...

7. Chambers - Akuaku A11B (2017) 44 Te Waipounamu MB 135 (44 TWP 135) [pdf, 192 KB]

   ...the lack of opposition to the proposed transfer is the fact which ought to carry the most 1 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 2 At [49]. 3 At [55]. 4 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 5 Matthews v Matthews – Estate of Graham Ngahina Matthews, above n 1, at [89]. http://www.legislation.g...

8. Myhre - Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) [pdf, 340 KB]

   ...custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [18] In Clarke v Karaitiana the Court of Appeal considered the nature of the Court’s discretion to appoint trustees under s 222 of the Act:5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowle...

9. Winitana - Mokau Reserve (2018) 77 Tairawhiti MB 187 (77 TRW 187) [pdf, 283 KB]

   ...Court hearing was well attended with approximately 40 people present. Of those 40, ten spoke. 10 Wall v The Maori Land Court - Tauhara Middle 15 Trust [2010] Maori Appellate Court MB 55 (2010 APPEAL 55). 77 Tairawhiti MB 193 [25] Mr Vernon Winitana put his case very succinctly and after hearing what others had to say, was given the right of reply. He drew my attention to the kaupapa of the legislation and I do not at all...

10. Pou - The Petuere me Hemo Wharemate Whānau Trust [2018] Chief Judge's MB 626 (2018 CJ 626) [pdf, 316 KB]

    ...order was made or through submissions on the law. Issues [9] The issues to determine in this case are:- 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 632 (1) whether Petuere Rauriki or Raurihi and Petuere Rauriki Tuhiwai Wharemata are the same people, and if not (2) whether there was a mistake in the presentation of the facts to the Court,...