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1. Rupapera v Katene - Ngāti Tu 22D Trust (2008) 209 Aotea MB 25 (209 AOT 25) [pdf, 2.2 MB]

   ...the second respondent is holding the properties in some fiduciary capacity or as agent for the beneficial owners. [24 J That said, regarding injunctions at least in A !tomey-General v }'1aOJi Land COUJ1 [1999J I NZLR 689 at 699 the Court of Appeal stated that sections 19 and 20 refer to granting injunctions and the recovery of land, and that "[b Joth sections apply to Maori freehold land only." Accordingly, the ability of this Court to secure the both assets and recor...

2. Deer - Estate of Rihi Hoone Pekama [2017] Chief Judge's MB 133 (2017 CJ 133) [pdf, 436 KB]

   ...support of the applicant’s claim to have her mother Naomi included as a successor. 2 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judge’s MB 143 [19] Having regard to the above, it is clear that Naomi Emme Jacqueline Cox should be recognised as being a natural child of the deceased and be entitled to succeed to the decea...

3. Deputy Registrar - Estate of Hohepa Ripia [2016] Chief Judge's MB 869 (2016 CJ 869) [pdf, 273 KB]

   ...(i) Deleting reference to the following land interests: Block Share 1. Maungaturoto E 0.779 2. Ngatihine H2B 8.000 3. Pakonga C 1.889 5 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2016 Chief Judge’s MB 879 4. Waiwhariki 2C2B 0.445 5. Wainui Island 0.666 (ii) Re-vesting the following interests back into the name of Hohepa Ripia (son of Paki...

4. Potaka - Lots 37-49 DP 34051 Waipapa 1J5 (2008) 216 Aotea MB 266 (216 AOT 266) [pdf, 2.3 MB]

   ...the Act declaring the applicants owners in the land in equal shares. Therefore, the land has the status of Maori freehold land today. For completeness I note that if those orders were to be disturbed then three options were available: rehearing, appeal or revIew. [12] It is undisputed that the land acquired from the Crown for public works was Maori freehold land. It is also not in dispute that there was no condition in the agreement between the Crown and the applicants as to the sta...

5. Carroll - Himatangi 7 Block (2017) 369 Aotea MB 107 (369 AOT 107) [pdf, 283 KB]

   ...beneficiaries. (3) The court shall not appoint any individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. [32] In Clarke v Karaitiana the Court of Appeal stated: 13 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, the Court will n...

6. Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) [pdf, 302 KB]

   ...http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed8170b93d_222_25_se&p=1&id=DLM381179 189 Waiariki MB 146 [26] The leading authority regarding the appointment of trustees is the decision of the Court of Appeal in Clarke v Karaitiana, which noted:7 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considerin...

7. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Metallic Sweeping (1998) Ltd v Ford [2010] ERNZ 433 at [14]. 8 Weaver v Auckland Council [2017] NZCA 330 at [20]. 9 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA) at [53]. approach was reiterated by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell where the Court said:10 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, pro...

8. Djangozov v Johnston - Estate of Audrey Trimble - (2018) 185 Waiariki MB 238 (185 WAR 238) [pdf, 272 KB]

   ...may make such order in the premises as the circumstances of the case may require: provided that no such order shall— 4 Manning – Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215). 185 Waiariki MB 244 (a) disturb any distribution of the trust property made without breach of trust before the trustee became aware of the making of the application to the court: (b) affect any right acquired by any perso...

9. White v Franks - Te Komiti 1A1 Ahu Whenua Trust (2018) 167 Taitokerau MB 292 (167 TTK 292) [pdf, 293 KB]

   ...Act 1993 (including the Preamble). [5] I adopt that approach.3 1 126 Taitokerau MB 54-92 (126 TTK 54-92). 2 Taurua v Harawira – Te Tii Waitangi A [2017] Maori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 3 Also see Rameka v Hall [2013] NZCA 203. 167 Taitokerau MB 294 What are the allegations against Ms Nash and Ms Franks? [6] Ms White alleges that Ms Nash and Ms Franks: (a) Bullied and intimidated her and her f...

10. Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) [pdf, 407 KB]

    ...the Court of her ineligibility to succeed to the deceased’s Māori land interests at the time an application was made for succession. This 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 94 correspondence confirms that Emily Pace separated in 1983 from Philip Pace and that her marriage was dissolved in 1991. [13] Emily has also...