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1. Donaldson v Hemi - Whaanga 1D 1D Roadway (2019) 188 Waikato-Maniapoto MB 142 (188 WMN 142) [pdf, 959 KB]

   ...injunction should ordinarily be granted in favour of a plaintiff whose rights have been 7 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 188 Waikato-Maniapoto MB 157 affected, subject to certain exceptions where damages may be a more appropriate remedy. 8 The exceptions are: (a) If the plaintiff acts (or fails to act) so as to become disentitled to an in...

2. Tarawa - Estate of Tau Pere Pokaihau [2018] Chief Judge's MB 890 (2018 CJ 890) [pdf, 378 KB]

   ...may be otherwise expressly provided in this or any other Act no alienation of Maori land by way of transfer by a Maori shall have any force or effect unless and until it has been confirmed by the Court. 2018 Chief Judge’s MB 899 (2) An appeal shall lie to the Appellate Court from any decision of the Court to grant or refuse confirmation of an alienation or from any variation by the Court of the terms of any alienation. (3) In this section and in sections 227, 227A, 228, 23...

3. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...Mr AlKazaz says that agreement was obtained under duress. The law [40] The issue of duress was considered by this Court in Sawyer v Vice-Chancellor of Victoria University of Wellington.13 The Court applied principles set out by the Court of Appeal in McIntyre v Nemesis DBK Ltd.14 The Court of Appeal’s approach can be summarised as follows: (a) Was there a threat or the exertion of illegitimate pressure? (b) If so, did that threat result in being coerced into entering into...

4. Welcome Guide Information for court and tribunal interpreters v2.pdf [docx, 1.7 MB]

   ...requests by the interpreter during a court hearing should be addressed to the judicial officer. The following guidance is from the code of conduct in the Ministry’s Quality Framework: Talking to a judicial officer A judge of the High Court, Court of Appeal and Supreme Court is referred to as “Justice” followed by their surname. A judge of the District Court or other court (such as the Employment Court or Environment Court) is referred to as “Judge” followed by their surname. A jud...

5. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   ...at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [45] In Maruera v Te Rūnanga o Ngāti Maru (Taranaki) Trust the Court of Appeal confirmed that the Māori Land Court has extensive supervisory powers.17 In Clarke v Karaitiana the Court of Appeal commented on the extent of the Court's jurisdiction under s 238 of the Act:18 “Apart from the inherent juri...

6. [2023] NZREADT 2 - Wilson and Wilson v Registrar of the REAA (26 January 2023) [pdf, 222 KB]

   ...justice or to empower the Registrar to implement cost saving measures. The Registrar must be fair to complainants and keep foremost in mind the purpose of the Act. 11. It is too much of a stretch for counsel to seek guidance from Vosper, as that appeal was against an evaluative decision, not a discretionary one.2 In Vosper, the committee, the Tribunal and the High Court properly addressed the substantive issues and gave reasons. In the current case, the Registrar’s decision...

7. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.8 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [39] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:9 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court or the R...

8. Robinson - Te Tii A Waitangi Marae (2023) 261 Taitokerau MB 220 (261 TTK 220) [pdf, 367 KB]

   ...Taurua’s application discloses a reasonably arguable cause of action. Rather, the question is whether the application is frivolous, vexatious or an abuse of process. In Commissioner of Inland Revenue v Chesterfields Preschools Limited, the Court of Appeal held that a frivolous pleading is one that trifles with the Court’s processes while a vexatious contains an element of impropriety.29 An abuse of process extends beyond the other grounds and captures all other instances of mi...

9. [2024] NZEmpC 131 Boyd v OJI [pdf, 363 KB]

   ...determination is less serious, although Mr Boyd contributed to that particular phase of the delay because of his very late request for legal representation. The effect of the rights and liabilities of the parties [113] The time limits for initiating an appeal or challenge reinforce the rights of a successful party to finality of litigation and to recovering of the benefits of a successful outcome. A party who is not diligent in pursuing any right of appeal or challenge faces a si...

10. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

    ...pest. We accepted the applicant’s case that emerging indigenous vegetation on the land have values that warrant protection in the context of cl 4(1)(b)(v). [52] The Council had challenged that aspect of our interim decision in the High Court appeal, although that ground of appeal was also unsuccessful. The court’s conclusion was upheld by the High Court.11 The High Court agreed that the environmental effects of removal of the pest conifers could also be considered to be a c...