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1. Kiriona - Estate of Hiromina Ratima Pakai [2017] Chief Judge's MB 35 (2017 CJ 35) [pdf, 220 KB]

   ...120 Napier MB 214-215 should be amended as sought. Orders [12] Accordingly I make the following orders pursuant to Te Ture Whenua Māori Act 1993: 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2017 Chief Judge’s MB 44 (a) Section 44(1) amending the order made on 22 July 1985 at 120 Napier MB 214-215, in respect of Hiromina Ratima Pakai or Hiromina Mabel Renat...

2. Bayne - Great Barrier Island [2016] Chief Judge's MB 764 (2016 CJ 764) [pdf, 451 KB]

   ...decision is to be distributed to all parties. Dated at Wellington this 22 nd day of August 2016. W W Isaac CHIEF JUDGE 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167)

3. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...evidence presented by the applicant. He points to a lack of specific detail as to breaches of covenant and as to the cost of repair. He also refers to the decision in Maori Trustee v Rogross Farms Ltd [1994] NZLR 410. In that decision the Court of Appeal held that as a prima facie measure the rule in Joyner and Weeks should apply in cases such as this. This means that the lessor is entitled to damages based on the cost of remedying any breaches of covenant unless the lessee can es...

4. Edwardes v Architectural Edge Limited [2017] NZWHT Auckland 2 [pdf, 117 KB]

   ...scale set out by the Courts. [42] In the circumstances of this case, therefore, I consider that a contribution towards the actual costs should be awarded, but I do not consider that there are grounds for ordering indemnity costs. The Court of Appeal in Bradbury v Westpac Banking Corporation 11 recognised the categories in respect of which the discretion may be exercised is not closed but noted the following circumstances in which indemnity costs have been ordered:  The ma...

5. Wall v Karaitiana - Tauhara Middle 15 Trust (2007) 85 Taupo MB 225 (85 TPO 225) [pdf, 370 KB]

   ...illusion that they will be held to account should it ultimately transpire that the proposal should not have proceeded. They need to consult their advisers as to the nature and extent of their potential liability in this context. [21] The Court of Appeal confirmed the broad powers of the Maori Land Court in respect of trusts in the important judgment The Proprietors of Mangakino Township v The Maori Land Court & Anor (CA65/99, 16 June 1999, Wellington). In that decision it was note...

6. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...remove this previous qualification to "tikanga" is consistent with the evolution of te reo Māori to meet modern circumstances and the acknowledgement of changes in social environment in, for example, the broadcasting cases in the Court of Appeal and Waitangi Tribunal. [27] The Court in that case found that:9 Returning then to s,132 (1) & (2)/93, the Court is required "to determine the relative interests of the owners of the land" according to tikanga Māori....

7. Complaints Assessment Committee 408 v Colin Boyer [2017] NZREADT 43 [pdf, 199 KB]

   ...profession. Mr Boyer is to pay a fine in the sum of $1,500. [16] Mr Boyer is also censured. A suspension recognises the severity of the conduct but still enable an agent to be rehabilitated. [17] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ………………………………………………… Ms K Davenport QC Chair ………………………………………………… Ms N Da...

8. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...In this case a further consideration is the Court’s ability to take into account the content of affidavits filed by Air NZ in support of its application to strike out parts of the statement of claim. In Attorney-General v McVeagh the Court of Appeal held that a court is entitled to receive affidavit evidence on a strike out application and may 3 Employment Court Regulations 2000, reg 6(2)(a)(ii); High Court Rules 2016, r 15.1. 4 Se...

9. CEIT Homeowners Guide [pdf, 1.4 MB]

   ...the Tribunal, but they must take part in the process. • Hearings are broken down into separate events held on different days. • The Tribunal can compel people to provide evidence. • Tribunal decisions are binding and enforceable but may be appealed to the High Court by either party. • The Tribunal will make binding and enforceable decisions based on existing and relevant insurance contract terms. • The Tribunal is inquisitorial and can investigate the facts of a case. It w...

10. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

    ...employment in light of the “serious problems in this field resulting from the economic difficulties and technological changes experienced in recent years in many countries.” New Zealand has not ratified the Convention but, as the Court of Appeal has recognised, s 66 gives effect to it.7 [11] Section 66 provides an exception to the normal rules of termination, but explicitly not if the point of the fixed-term nature of the employment agreement is to get around those normal ru...