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1. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...and Maritime Union of New Zealand Inc v TLNZ Ltd. 7 In Postal Workers Union of Aotearoa v New Zealand Post Ltd, 8 I expressed a preference for approaching the issue of costs in accordance with the general approach endorsed by the Court of Appeal in cases such as Binnie, and to have regard to factors such as the benefit both parties will obtain from the proceedings and the nature of the claim, in assessing the extent to which the starting point of 66 percent of the actual and reas...

2. Walker v Sinclair - Lot 9 DP 44307 (2013) 62 Taitokerau MB 203 (62 TTK 203) [pdf, 125 KB]

   ...proceedings in the Court or for any other purpose whether any specified land is or is not held by any person in a fiduciary capacity, and, where it is, to make any appropriate vesting order. [25] In Attorney-General v Māori Land Court the Court of Appeal in considering whether s 18(1)(i) applied to General land concluded that: 4 We are satisfied from this survey of relevant provisions of the Act that, when s18(1)(i) is placed in its proper context, a reading which would enable it...

3. CAC 10014 v Charles [2011] NZREADT 13 [pdf, 98 KB]

   ...[33] In the end result therefore the Tribunal imposes the only penalty open to it which is that of a fine and we impose the maximum available to us of $750. In accordance with s 113 of the 2008 Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s.116 of the 2008 Act. DATED at WELLINGTON this 7th day of July 2011 ______________________________ Judge M Hobbs Chairman...

4. ENVC paper Judicial perspective mobile devices in court 2013 [pdf, 40 KB]

   ...of the cases noted above is at the extreme end of the range for volume of paper, numbers of parties, and complexity and number of issues. The second case is quite typical of the work of the Environment Court of New Zealand processing and hearing appeals from decisions of councils, and sometimes on direct referral of cases where the Court becomes the first instance hearing body. The consequences are clear for all to see – vast quantities of paper, huge costs in copying, sending...

5. Te Ngahue v The Proprietors of Whetumatarau B45B2 (2015) 47 Tairawhiti MB 81 (47 TRW 81) [pdf, 193 KB]

   ...dated 5 March 2009 that: i. With the partition of 7B16B the clear land in the north is reduced from about 65 hectares to 30 hectares, and access is somewhat limited. While this would, in our opinion, result in the remaining land being slightly less appealing, the overall effect on value would be minimal – if any. ii. We have determined that the Residual Value of B45B (Pohutu) would be the pre- partition value less the value of 7B16B. Hearing [8] The application was set down fo...

6. Murray - Mahinepua B1 (2014) 87 Taitokerau MB 227 (87 TTK 227) [pdf, 106 KB]

   ...Wainui on 29 July 1967. That suggests to me that there was a large degree of discussion about this kaupapa and that if owners with interests in the land were concerned about the Māori reservations created by the Court they would have objected or appealed or followed up in some way. There is no evidence of any such concerns being raised at the time or until the last two or so years. Based on the Court record I doubt very much that Auwha Ihaia 87 Taitokerau MB 232 pursued...

7. Koroi Piri Paki Whānau Trust – Punakitere 2A1B (2015) 112 Taitokerau MB 51 (112 TTK 51) [pdf, 180 KB]

   ...for partition having regard to the nature and importance of the matter. 7 Bhana v Paniora – Wairau North 1B2C (2013) 69 Taitokerau MB 139 (69 TTK 139) at [46]. 8 Whaanga v Niania – Anewa Block (2011) 2011 Maori Appellate Court MB 428 (2011 APPEAL 428). This case concerned an application for partition, refer s 288(2)(b) ibid. 112 Taitokerau 57 owner supports the application. Together those in support hold 29.4% of the shares in the block. [30] As such, only a mino...

8. Shortland v Tipene - Motatau 2 Section 34A1 (2015) 114 Taitokerau MB 212 (114 TTK 212) [pdf, 178 KB]

   ...or agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 or an appeal under Part 2 relates. http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed80dc890d_19_25_se&p=1&id=DLM290914#DLM290914 http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw...

9. Whanganui District Council – Kai Iwi 5G3A1, 5G3A2, 5G3B, 5G3C, 5H1 & 5H2 (2012) 295 Aotea MB 17 (295 AOT 17) [pdf, 213 KB]

   ...order were amended to 2 11 Aotea MB 346-348 dated 21 December 1989 (11 AOT 346-348) 3 Naera v Fenwick - Whakapoungakau 24 (Tikitere Trust) (2011) Maori Appellate Court MB 316 (2011 APPEAL 316) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Whakapoungakau%2024%20-Tikitere%20Trust-%202011%20APPEAL%20316.pdf http://www.justice.govt.nz/courts/maori-land-court/...

10. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

    ...serious question to be tried in fact existed could not be brushed over lightly. For example see F Hammond Land Holdings Ltd v Elders Pasture Ltd 10 and Shivas v BTR Nylex Holding NZ Ltd. 11 [14] In Roseneath Holdings Ltd v Grieve, the Court of Appeal summarised the essential purpose of an interim injunction: 12 The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for which th...