Search Results

1. Phillips v Te Rina Whanau Trust - Wharekahika D15 (2013) 31 Tairawhiti MB 175 (31 TRW 175) [pdf, 110 KB]

   ...to progress the s45 proceedings or to seek legal advice or direction from the Court per s67 of the Act. If the order granting the transfer of the occupation order is made then that too can be the subject of a s45 application, a rehearing or an appeal. So the remedies available to the respondents remain intact. There will be no prejudice if the transfer application is granted that cannot subsequently be the subject of further orders in the respondents’ favour. The real issue is w...

2. Tupe - Manunui No 1 Fourth Residue (2013) 309 Aotea MB 25 (309 AOT 25) [pdf, 110 KB]

   ...depend on a range of considerations including the nature and importance of the issue being decided, the extent of support and opposition and whether notice has been adequate. [17] In The Trustees of Pukeroa Oruawhata v Mitchell 10 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. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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&...

10. 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...