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  1. Green v Wiari Green Estate - Uekaha A12BA2 (2004) 123 Otorohanga MB 197 (123 OT 197) [pdf, 422 KB]

    ...fencing costs to date, and have still to receive reimbursement from the Kohatu Green whanau and the Estate. In the meantime the outstanding costs have represented an overdraft in the bank account ofW T and D Green. The High Court, the Court of Appeal and the Supreme Court have the power under the Judicature Act 1908 to order interest on debts or damages as from the date the debt or damage was incurred. The District Court has power under the District Court Act to order interest a...

  2. Allison - Te Waiti 2C2 (2001) 77 Ōpōtiki MB 37 (77 OPO 37) [pdf, 1.6 MB]

    ...(whether by way of injunction or otherwise). The extensive supervisory role played by the Maori Land Court over Maori land trusts has been discussed in In Re Proprietors of Mangakino Township v Maori Land Court 16/6/99, CA 65/99 where the Court of Appeal has discussed the effect of these two provisions as follows: 'Trusts are a development of judge made law and courts of equity have for centuries undertaken the function 'of supervising them. The Maori Land Court is expressly...

  3. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

    ...and stated that if the trustees had carried out their duties correctly then he would not have made the application. 35. The general rule is that the costs follow the event unless exceptional circumstances exist to depart from this rule. (see Appeal by DTS Riddiford at MS 13 ACTK 184) 36. This case has no exceptional circumstances which require me to depart from this rule. The applicant has been unsuccessful and has by his litigation cost the trust and the beneficial owners consi...

  4. Kerr v Stewart - Maketu A102 (2012) 58 Waiariki MB 3 (58 WAR 3) [pdf, 168 KB]

    ...the Trust Order but requires the Court to have regard to the ability of the proposed trustee and the acceptability of the person to the beneficiaries. The Order appointing these present trustees has not been the subject of any judicial review or appeal and I decline to take this issue any further. [12] The third ground of the application is: “To the extent that the Applicant does not prove a lease a licence the trustees should be estopped from evicting the Applicant or such furth...

  5. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

    ...In particular it is noted that s 138(1)(f) of the Lawyers and Conveyancers Act 2006 provides that it is appropriate for the Committee to take no further action on the matter where: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make 10 Appendix A – Additional Clauses, clause 18(a). 11 Standards Committee determination, above n 2 at [37]. 7...

  6. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 322 KB]

    ...payment for rest breaks under s 69ZD of the Act, in either of its manifestations, may be incorporated within piece work rates. [16] As was observed by Chief Judge Inglis in the decision to remove the proceedings to this Court, the Court of Appeal’s recent judgment in Lean Meats Oamaru Ltd v New Zealand Meat Workers and Related Trades Union Inc did not address this issue;11 and the Employment Court judgment touched on it but did not decide the point.12 It remains for resolutio...

  7. Supplementary Order Paper on Taxation (Annual Rates for 2020-21, Feasibility Expenditure and Remedial Matters) Bill [pdf, 182 KB]

    ...2 Section 20E, 20F and 20G relate to the disclosure of tax advice documents, which under s 20B do not need to be disclosed. 3 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). The Court of Appeal has confirmed that every person has a general common law right to refuse to answer questions posed by an official: Taylor v New Zealand Poultry Board [1984] 1 NZLR 349 (CA); Paul Rishworth et al. The New Zealand Bill of Rights (Oxford Unive...

  8. Mikaere v Smallman - Mangatawa No8A (2021) 213 Waikato Maniapoto MB 277 (213 WMN 277) [pdf, 210 KB]

    ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [16] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgments Rameka v Hall and Naera v Fenwick, and the Maori Appellate Court decision of Perenara v Pryor.2 [17] These authorities support the following general propositions: (a) removal is a serious step and is not undertaken lightly...

  9. WXY v Attorney-General (Strike-Out Application) [2014] NZHRRT 37 [pdf, 59 KB]

    ...NZLR 456 parents of adult disabled children challenged a Ministry of Health policy of excluding family members from payment for various disability support services provided by them to their children. In a decision given on 14 May 2012 the Court of Appeal held that the policy was discriminatory on the ground of family status because parents willing to provide natural disability support for their children were materially disadvantaged because they did not receive payment. [12] The respon...