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1. Ngatai v Tawhai - Wharawhara 22 (2020) 241 Waiariki MB 252 (241 WAR 252) [pdf, 239 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [12] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgment Rameka v Hall,8 that Court’s decision Naera v Fenwick,9 and Pryor v Perenara, a judgment of the Māori Appellate Court.10 [13] All these authorities support the following general propositions: (a) removal is a serious...

2. Tamihana - Ngaiotonga (B) (2008) 121 Whangarei MB 241 (121 WH 241) [pdf, 1.6 MB]

   ...previously been rebuffed in atly effort to use or develop the land or that he has even approached his co-owners about his ideas for the land. The pat-tition is not for the purpose of resolving an intractable dispute amongst owners. It does not appeal' that the owners have met to consider the use of the land for many years. Mr Tamihana 's application has more or less come out of the blue. [1 8] It is also significant that this land has a relatively natTOW area of coastal fi&#...

3. Acoustic (dated 6 June 2017) [pdf, 308 KB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent ACOUSTICS – JOINT WITNESS STATEMENT 6 June 2017 2 Introduction 1. Expert conferencing on acoustics was undertaken between Malcolm Hunt (engaged by Dunedin C...

4. Chambers - Akuaku A11B (2017) 44 Te Waipounamu MB 135 (44 TWP 135) [pdf, 192 KB]

   ...the lack of opposition to the proposed transfer is the fact which ought to carry the most 1 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 2 At [49]. 3 At [55]. 4 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 5 Matthews v Matthews – Estate of Graham Ngahina Matthews, above n 1, at [89]. http://www.legislation.g...

5. Myhre - Ngapaeruru No 1B No 2C No 2 (2019) 73 Tākitimu MB 176 (73 TKT 176) [pdf, 340 KB]

   ...custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [18] In Clarke v Karaitiana the Court of Appeal considered the nature of the Court’s discretion to appoint trustees under s 222 of the Act:5 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowle...

6. Winitana - Mokau Reserve (2018) 77 Tairawhiti MB 187 (77 TRW 187) [pdf, 283 KB]

   ...Court hearing was well attended with approximately 40 people present. Of those 40, ten spoke. 10 Wall v The Maori Land Court - Tauhara Middle 15 Trust [2010] Maori Appellate Court MB 55 (2010 APPEAL 55). 77 Tairawhiti MB 193 [25] Mr Vernon Winitana put his case very succinctly and after hearing what others had to say, was given the right of reply. He drew my attention to the kaupapa of the legislation and I do not at all...

7. Pou - The Petuere me Hemo Wharemate Whānau Trust [2018] Chief Judge's MB 626 (2018 CJ 626) [pdf, 316 KB]

   ...order was made or through submissions on the law. Issues [9] The issues to determine in this case are:- 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 632 (1) whether Petuere Rauriki or Raurihi and Petuere Rauriki Tuhiwai Wharemata are the same people, and if not (2) whether there was a mistake in the presentation of the facts to the Court,...

8. LCRO 20/2016 LC and CM v JP - Orders (5 April 2019) [pdf, 201 KB]

   ...clear on the face of the Act whether there is a distinction between a censure and a reprimand. The matter was considered in New Zealand Law Society v B. The High Court had considered that a censure was a more serious rebuke. This was rejected on appeal, when it was stated: Both words envisage a disciplinary tribunal, here a Standard Committee, making a formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure or reprimand, however expresse...

9. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

   ...2020 at [34). Affidavit of G O'Reilly dated 14 August 2020 at [32). 4 a vehicle. Mr O'Reilly referred me to a decision Fadi Antoun v Hutt City Counci/12 which considered the question of what comprises a building and a tiny house in an appeal against an abatement notice proceeding. Relying on that decision, Mr O'Reilly says the new construction is fixed to the existing shed by flashings and corrugated iron and is on piles.13 [1 O] In conclusion, Mr O'Reilly s...

10. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

    ...Currently, I am a member of Federated Farmers’ regional policy team and have 16 years of experience working with regional planning processes, including the Canterbury Natural Resources Regional Plan (from submission through to resolution of High Court appeals); development of the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 and membership of the implementation taskforce for those regulations; the development of catchment-based flow and allocation...