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1. Wellington v Wellington - Estate of Henare Haehae Wellington (2015) 104 Taitokerau MB 156 (104 TTK 156) [pdf, 187 KB]

   ...Court and this court is bound to act on that grant. If someone wishes to dispute, for example, the proper execution of a will for which 6 Hodgson – Ropata Wharetoetoe Rare (2004) 34 Gisborne Appeal MB 120 (30 APGS 120). 7 Ibid at MB 124. 104 Taitokerau MB 161 probate has been granted, then that case would have to be decided by the High Court as it has sole jurisdiction on matters of probate. [22] In Tahuparae Judge A...

2. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

   ...respectfully submitted that to allow this marina development to proceed would amount to a frustration of and a derogation of the original grant by the Delamore family. 26 16. In Mt Cook National Park Board v Mt Cook Motels ltd,[ 1972 ]the Court of Appeal applied the principle of non derogation of grant where a licensing fee imposed pursuant to a statutory bylaw was arguably so excessive it frustrated the related lease. Justice North stated that the maxim applies to all grants on th...

3. Smallman - Te Rangi Kaiamokura [2015] Chief Judge's MB 188 (2015 CJ 188) [pdf, 340 KB]

   ...applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of evidence in the order complained of. 28 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 29 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2015 Chief Judgeꞌs MB 197 [5] However, having considered the Case Manager’s Report and the sufficient opportunities afforded to the applicant opportunity to provide e...

4. ENVC Hearing 6Oct14 WML evidence chief Donald Prince [pdf, 774 KB]

   ...Appendix 1 and 2) constitute a complex that was once part of a prehistoric settlement area focused on the foreshore and immediate landscape. The presence of small, freshwater streams draining out of the slopes to the rear of the foreshore add to the appeal of the locations easy access to marine resources. Archaeological sites in the immediate vicinity of the marina 14. The archaeological sites around the Matiatia Bay foreshore north of the wharf (Appendix 1 and Archaeological Asse...

5. Foster v Wood - Taupo No.23 B Section 1 (2015) 108 Taitokerau MB 43 (108 TTK 43) [pdf, 192 KB]

   ...to future generations. If a person can Whakapapa to an original owner or occupier of the land that person has a right to the land. [33] The principles in Nuhaka have subsequently been adopted in a number of decisions including by the Court of Appeal in Kameta v Nicholas. 5 [34] These principles apply in the present case. Ms Wood can whakapapa back to an original owner in the land. It matters not that the land was subsequently partitioned, as the relevant association is with the...

6. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...counsel for the plaintiff argues that the defendant could not have been said to have had, on 18 December 2009 or 12 January 2010, reasonable grounds for contemplating becoming a party to a proceeding. Counsel invokes the judgment of the Court of Appeal in Guardian Royal Exchange Assurance of New Zealand Ltd v Stuart where it was said that: 6 …privilege can only arise when litigation is pending or contemplated and that will be only so where the party regards litigation as probabl...

7. Pure - Ahipara 1B2B - (2013) 69 Taitokerau MB 109 (69 TTK 109) [pdf, 117 KB]

   ...and importance of the matter” for the purpose of s 288(2)(b) must, by definition, include the various evidence that 3 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428). 69 Taitokerau MB 117 relates to the application: that is, the evidence that goes to whether the partition is “necessary to facilitate the effective operation, development, and utilisation of the land”; “the effect...

8. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...-and this is the forum for that to be addressed. H Rameka: No Sir it isn't. The beneficiaries are the owners of the land with respect to the Court, not this Court. But, as soon as I get your thing then I will know what timeframe I have to appeal. Thank you very much for hearing my korero. [11] Mr Rameka then left the hearing. [12] I have summarised Mr Rameka’s views as best as I can. Having seen and heard Mr Rameka in person I would describe his manner as belligerent a...

9. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...of the 8 factors for that is we are not convinced that the complainants are particularly out of pocket because of the conduct of the defendant. [29] 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 ______________________________ Ms J Robson Member ______________________________ Mr J...

10. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

    ...Perenara v Pryor – Matatä 930, [2004] 10 Waiariki Appellate MB 233 (10 AP 233); Marino – Repongaere 4G (Part) [2004] 34 Tairāwhiti Appellate MB 98 (34 APGS 98); Apatu v Puna – Owhaoko C1 and 2 [2010] Mäori Appellate Court MB 34 (2010 APPEAL 34). 22 Takitimu MB 128 [23] It must be obvious that the trustees should never have allowed this situation to arise. It is their duty to know their terms of trust, to act prudently and to protect the assets of the trust. By failin...