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1. D J Bethell Family Trust - Rangitatau Waitōtara 3C2B2 and 3C2B3 Trust (2019) 408 Aotea MB 210 (408 AOT 210) [pdf, 188 KB]

   ...duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [31] The leading authorities on the removal of trustees are the Court of Appeal judgments Rameka v Hall Naera v Fenwick and Adlam v Savage.5 I adopt the reasoning set out in those decisions. Discussion [32] One of the key problems that has faced this trust has been the ongoing failure by the trustees to f...

2. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...circumstances, scale costs should be reduced by 50 per cent for this reason. [36] In my view, such a reduction is excessive. Standing back, I consider a 30 per cent reduction is appropriate. Calderbank offers [37] The judgment of the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.16 14 Zhang v Telco Asset Management Ltd...

3. Cock - Succession to Paora Kingi [2020] Chief Judge's MB 50 (2020 CJ 50) [pdf, 278 KB]

   ...Court; and (b) If so, is it necessary in the interests of justice to remedy the mistake or omission. 10 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 11 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 60 Take A - Issue A [16] I agree with the contents of the Registrar’s report and the conclusion that the application should be dismissed. [17] At this point it seems very clear that the appl...

4. LCRO Annual Report 2019 [pdf, 271 KB]

   ...power now accorded to the LCRO to direct, in circumstances where the LCRO considers it appropriate, that a review be conducted on the papers. The LCRO continues to post a number of decisions on the LCRO website. Whilst there is no right of appeal from a decision of the LCRO, decisions are open to being judicially reviewed by the High Court. In the reporting period, three decisions were judicially reviewed. As a percentage of decisions Annual Report 2019 | Legal Complaints Re...

5. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...dispute this. [13] It is therefore appropriate for me to exercise my jurisdiction, in the interests of justice, to correct those errors. 2 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2018 Chief Judge’s MB 286 Orders [14] Accordingly, I make the following orders pursuant to Te Ture Whenua Māori Act 1993: (a) Section 44(1) amending the succ...

6. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly...

7. Dr Nicholas Tony Shears - Evidence in Chief [pdf, 485 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER of the Resource Management Act 1991 AND of an appeal under Clause 14 of the First Schedule of the Act BETWEEN TRUSTEES OF MOTITI ROHE MOANA TRUST AND Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent -· STATEMENT OF EVIDENCE OF DR. NICHOLAS TONY SHEARS ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stan beth House 28 Customs...

8. LCRO 158/2020 SA v KC (27 May 2022) [pdf, 199 KB]

   ...audio-visual means on 12 May 2022. In attendance were S, Mr KC and Mr RB.9 Nature and scope of review [22] The High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invo...

9. Hogarth - Taumarunui Papakainga Section 11A (2021) 435 Aotea MB 141 (435 AOT 141) [pdf, 252 KB]

   ...Act. [20] Every application for confirmation of an alienation requires a special valuation unless the Court orders otherwise as per s 158. 3 Matthews v Matthews – Estate of Graham Ngahina Matthews (2015) Māori Appellate Court MB 512 (2015 APPEAL 512) at [55] as cited in Henderson - Waiohiki 1D2B10D (2016) 55 Takitimu MB 83 (55 TKT 83) at [25]. 4 Taueki – Horowhenua X1B41 North A34 and 3B1 (2008) 16 Whanganui Appellate Court MB 30 (16 WGAP 30) at [75]. 435 Aotea MB 146...

10. Smith - Pekapeka 2A1D2B (2021) 91 Tākitimu MB 145 (91 TKT 145) [pdf, 263 KB]

    ...are also an insufficient ground for opposition as is concerns over how subsequent owners of land may have conducted themselves in terms of 6 MacDonald v MacDonald – Wairau Block VII Section 6C2C [2016] Māori Appellate Court MB 259 (2016 Appeal 259) 7 Brown v Māori Appellate Court [2001] 1 NZLR 87 (HC) 91 Tākitimu MB 152 Mr Nikora. Ms Cracknell should therefore provide a submission as to why she opposes the partition setting out clearly her grounds. To avoid doub...