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1. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...registered proprietors, on the basis they were the rightful owners and had not alienated the land. They claimed fraud in relation to the 2 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512); and Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271). See also Barnes – Te Horo 2B2B2B Residue (2008) 125 Whangarei MB 11 (125 WH 11); and Northcroft v Northcroft – Tauhara Middle 4A1L1B1A...

2. MVDT Annual Report 2013-2014 [pdf, 255 KB]

   ...valuers’ assessment of 30% reduction to be too great and the trader’s 10% reduction in value to be too conservative and guided by the valuers’ opinions assessed the purchaser’s loss at 13.5% of the purchase price or $4,500, a figure which, on appeal was increased to $8241. d) The danger of buying a vehicle without a Consumer Information Notice The Auckland Adjudicator’s 2013 Annual Report referred to the frequency with which the Tribunal hears claims where the trader has...

3. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   ...requirements imposed on trustees under s 150A regarding the alienation of land Māori land vested in them. They may not do so without the consent of at 7 [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 8 Ibid, footnotes omitted http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291892#DLM291892 85 Tākitimu MB 194 least three quarters of the owners where there is no defined share in the land, or...

4. [2020] NZEmpC 181 Evans v JNJ Management Ltd [pdf, 207 KB]

   ...directions from the Court are important because non-de novo challenges require different approaches, depending on the nature of the challenge. [6] In some cases, the challenge is to confined issues of law and the hearing will be in the nature of an appeal. In other cases, there are distinct claims before the Authority and a party does not wish to challenge the outcome in all of them. In such 3 Evans, above n 1, at [12]. 4 Employment Relations Act 2000, s 179. 5 Section 18...

5. [2020] NZEnvC 191 Aratiatia Livestock Limited v Southland Regional Council [pdf, 413 KB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 191 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-029) ... (continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Com...

6. Guest v New Zealand Law Society [2009] NZLCDT 16 [pdf, 95 KB]

   ...instance, publication is only sought to the law firm involved, so is to that extent is quite limited. [15] Mr Guest has referred the Tribunal the decision of the Privy Council in B and Others v Auckland District Law Soc and Another Privy Council Appeal No.43 of 2002, 19 May 2003. In this decision their Lordships made particular mention of the dim view taken of argument put by the Law Society to support the abandonment of an undertaking given. We pay careful regard to those words,...

7. Consultation response report [pdf, 745 KB]

   ...decreased prospects of success 37. We proposed a new obligation to inform the Legal Services Commissioner of any matter (civil matters only), that materially decreases the aided person’s prospects of success at first instance, or the merits of any appeal. This will assist the Legal Services Commissioner in considering whether legal aid should continue. Response 38. A respondent made several comments on this proposed amendment. In summary, they were concerned that the proposed amend...

8. Karena - Whangauru Whakaturia 1D6B9A, 1D6B9B, 1D6B9C and 1D6B9D (2005) 102 Whangārei MB 190 (102 WH 190) [pdf, 514 KB]

   ...Applicant had not satisfied the thresholds which would allow the Court to exercise its discretion and grant the change of status sought. 4 Subsequent Applications At the conclusion of the hearing on 25 March 2003, the Court indicated that there was an appeal before the Maori Appellate Court which involved some of the issues in this application. On 24 March 2004, the Court issued a minute informing the parties that the awaited decision of the Appellate Court was expected shortly. Sub...

9. Walker - Omahu 4C6 (2004) 176 Napier MB 16 (176 NA 16) [pdf, 1.6 MB]

   ...control of Maori land by Maori. 12. The application of these provisions to a change of status application has been considered and pronounced upon by the courts on numerous occasions. In Valuer­ General v Mangatu Inc (1997) 641, 649-651, the Court of Appeal stated: The Mi30ri Land Court exercises its powers and responsibilities in relation to applications to confirm the alienation of Mi30ri freehold land and to change its status to general land in conformity with the polices and principl...

10. Warren v Harwood - Hongoeka 7 Block and Lots 2 and 3 on DP 42094 (2007) 197 Aotea MB 299 (197 AOT 299) [pdf, 1.9 MB]

    ...the Porirua City Council , I am satisfied that the application should be granted. This wi ll provide celiainty of access to the owners of the affected lands, Hongoeka Marae and the Hongoeka Bay community generally. [28] Should any patiy seek to appeal this decision to the Maori Appellate Court or apply for judicial review then I will put my reasons in writing. Pronounced in open Court at 11.i)'; am/~ in Re>'\~""''' ~~:::~ the :2 4~ day of DeCa-...