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1. Raukawa v Lux - Opape 3A No 1E (2019) 210 Waiāriki MB 114 (210 WAR 114) [pdf, 406 KB]

   ...every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [10] In the leading case Clarke v Karaitiana the Court of Appeal held:4 [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 no doubt have...

2. Kapua - Estate of Ngamotu Paora [2019] Chief Judge's MB 1162 (2019 CJ 1162) [pdf, 389 KB]

   ...7 [2019] Chief Judge’s MB 587-607 (2018 CJ 707-718) 8 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 9 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 1175 Decision/Orders [18] Having regard to the above, I decline to exercise my jurisdiction under s 45 of Te Ture Whenua Māori Act 1993 at this stage. [19] The Case Manager is directed to provide

3. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...New Zealand, with Marlborough the largest region having almost 28,000 ha or 70% of the area of national vineyard (NZ Winegrowers Vineyard Register January 2020). 19 The success of the NZ Wine Industry is based on producing wines that are highly appealing to wine consumers throughout the world by offering well- made and reliable wines that are flavour rich and refreshing. Marlborough Sauvignon blanc has become the world benchmark for wine made from this variety. On the back of the...

4. [2020] NZEnvC 179 Northland Regional Council v Glamuzina.pdf [pdf, 189 KB]

   ...Property is consistent with the Regional Plan’s definition of Outdoor burning.8 However, the outdoor burning that is occurring at the 7 The Regional Plan was adopted by the Council on 4 May 2019. All appeals on C.7.1.1 - outdoor burning outside the Whangarei Air shed) have been resolved, without any changes, as detailed in Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [2020] NZEn...

5. Keepa - Te Touwai B16A (2019) 207 Taitokerau MB 109 (207 TTK 109) [pdf, 223 KB]

   ...circumstances, it would be inequitable to award sole ownership to Ms Urlich. They reiterate that it was their father who acquired the land and the house through the exchange order and this was their family home. [27] In Lankow v Rose, the Court of Appeal held that, in order to recognise a constructive trust, the claimant must show: 14 (a) Contributions, direct or indirect, to the property in question; (b) The expectation of an interest therein; (c) That such expectation i...

6. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

7. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...on review (1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court. (1A) No review proceedings under section 194 may be initiated in relation to any matter before the Authority unless— (a) the Authority has issued a determination un...

8. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...the relief sought). As the Court is aware, the Transport Agency has previously filed two affirmations of Lonnie Dalzell, project manager, which explain that point and give further background relating to the Project and its urgency, in the context of appeals against the notices of requirement (ENV-2019-WLG-069/070); the affirmations were dated 16 October 2019 and 11 February 2020. Page 3 6. Counsel are grateful for the Minute recording the Court’s awareness of the importance at...

9. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...Court Rules, requiring the pleading to state propositions of law or matters like the burden of proof. 2 See Hoyle v Hoyle [2016] NZHC 3120 at [59]-[60]. This was case was partially overturned on appeal, but not on this point: Hoyle v Hoyle [2017] NZCA 516. 3 Letang v Cooper [1965] 1 QB 232 (CA) at 242-243. [43] There was sufficient information in the pleadings to alert the defendants to the nature of the case to be answer...

10. A modern and victim focussed Act [pdf, 393 KB]

    ...family violence not being properly recognised and may leave victims without adequate safety arrangements. There is evidence that the judiciary does not always take these behaviours into consideration, as was seen in the recent case where the Court of Appeal found the Family and High courts erred in recognising family violence.3 20 To address this, the Bill makes amendments to the definition of family violence in order to include more detail on the types of behaviours which form psycholog...