Search Results

1. Potaka - Lots 37-49 DP 34051 Waipapa 1J5 (2008) 216 Aotea MB 266 (216 AOT 266) [pdf, 2.3 MB]

   ...the Act declaring the applicants owners in the land in equal shares. Therefore, the land has the status of Maori freehold land today. For completeness I note that if those orders were to be disturbed then three options were available: rehearing, appeal or revIew. [12] It is undisputed that the land acquired from the Crown for public works was Maori freehold land. It is also not in dispute that there was no condition in the agreement between the Crown and the applicants as to the sta...

2. Carroll - Himatangi 7 Block (2017) 369 Aotea MB 107 (369 AOT 107) [pdf, 283 KB]

   ...beneficiaries. (3) The court shall not appoint any individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. [32] In Clarke v Karaitiana the Court of Appeal stated: 13 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, the Court will n...

3. Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) [pdf, 302 KB]

   ...http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed8170b93d_222_25_se&p=1&id=DLM381179 189 Waiariki MB 146 [26] The leading authority regarding the appointment of trustees is the decision of the Court of Appeal in Clarke v Karaitiana, which noted:7 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considerin...

4. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Metallic Sweeping (1998) Ltd v Ford [2010] ERNZ 433 at [14]. 8 Weaver v Auckland Council [2017] NZCA 330 at [20]. 9 Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA) at [53]. approach was reiterated by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell where the Court said:10 It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, pro...

5. Djangozov v Johnston - Estate of Audrey Trimble - (2018) 185 Waiariki MB 238 (185 WAR 238) [pdf, 272 KB]

   ...may make such order in the premises as the circumstances of the case may require: provided that no such order shall— 4 Manning – Kirikiri Pawhaoa B2A1 [2011] Māori Appellate Court MB 215 (2011 APPEAL 215). 185 Waiariki MB 244 (a) disturb any distribution of the trust property made without breach of trust before the trustee became aware of the making of the application to the court: (b) affect any right acquired by any perso...

6. White v Franks - Te Komiti 1A1 Ahu Whenua Trust (2018) 167 Taitokerau MB 292 (167 TTK 292) [pdf, 293 KB]

   ...Act 1993 (including the Preamble). [5] I adopt that approach.3 1 126 Taitokerau MB 54-92 (126 TTK 54-92). 2 Taurua v Harawira – Te Tii Waitangi A [2017] Maori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 3 Also see Rameka v Hall [2013] NZCA 203. 167 Taitokerau MB 294 What are the allegations against Ms Nash and Ms Franks? [6] Ms White alleges that Ms Nash and Ms Franks: (a) Bullied and intimidated her and her f...

7. Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) [pdf, 407 KB]

   ...the Court of her ineligibility to succeed to the deceased’s Māori land interests at the time an application was made for succession. This 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 94 correspondence confirms that Emily Pace separated in 1983 from Philip Pace and that her marriage was dissolved in 1991. [13] Emily has also...

8. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...in the Minute issued on 25 January 2018. In that case the Commissioner unambiguously commenced an investigation but having done so, closed the file under PA, s 71(1)(g) on the grounds that Mr Cooper had an adequate alternative remedy or right of appeal available. The submission for Hamilton Pharmacy was that before it could be said there had been an investigation for the purposes of Part 8 of the Act, the Commissioner must first come to a conclusion as to whether there has been a breach...

9. Seymour v Paenoa Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) [pdf, 214 KB]

   ...5 126 Waiariki MB 157 (126 WAR 157) 6 132 Waiariki MB 168 (132 WAR 168) 7 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) 8 Whaanga v Niania – Anewa block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) 9 Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185) at [14]-[20] 139 Waiariki MB 116 [14] The leading decision on partition is that of the High Court in Brown v Māori Appellate Court [2001...

10. BORA Commerce Amendment Bill [pdf, 418 KB]

    ...relating to regulation, such as how to calculate the cost of capital, value assets, allocate common costs, prepare regulatory accounts and so forth. 2 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1992] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; as well as the Supreme Court of Canada’s dec...