Search Results

1. Penny v Kemp - Estate of Bill Kingi or Wiremu Parata Kingi [2017] Chief Judge's MB 257 (2017 CJ 257) [pdf, 367 KB]

   ...was made. The applicant has met the standard of proof necessary and in my view 6 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2017 Chief Judge’s MB 267 it is in the interests of justice to remedy the mistake or omission by amending and cancelling the relevant orders. Conclusion [17] An order under s 45 is a discretionary measure. I...

2. AVL operating guidelines for senior courts [pdf, 684 KB]

   ...Authority to Use  AVL may be used under statutory authority or inherent powers where no statutory authority exists.  Section 103 of the Evidence Act 2006 allows for applications to be made to the court (the Supreme Court, the Court of Appeal, the High Court, any District Court, Family Court or Youth Court) for witnesses to give evidence in an alternative way. Alternative ways are outlined in section 105. Those which could be facilitated by AVL include a witness giving evide...

3. LCRO 60/2016 MO v Standards Committee (27 September 2018) [pdf, 174 KB]

   ...[56] Mr QV also made mention of the fact that he considered all three lawyers were entitled to a consideration of their past careers. [57] All of these comments are accepted and Mr QV’s concerns are reinforced by comments made by the Court of Appeal in New Zealand Law Society v B where the Court said:10 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint agai...

4. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...However, s 106(3) of the Act provides that the restriction in s 106(2) does not prevent the High Court from granting an order concerning income derived from any beneficial interest in Maori freehold land. [44] This was confirmed by the Court of Appeal in the decision of Grace v Grace: We are not required to consider whether and if so how the jurisdiction of the High Court should be exercised in a case such as the present. That must be

5. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 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...

6. Mucalo - Estate of Neri Te Waru [2019] Chief Judge's MB 595 (2019 CJ 595) [pdf, 336 KB]

   ...- Waihao 903 Section IX Block.7 I do not propose to repeat those principles again in this judgment. 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 605 [14] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in th...

7. Boon v McQueen - Waiwhakaata 3E6 Section 4B2 (2021) 214 Waikato Maniapoto MB 1 (214 WMN 1) [pdf, 236 KB]

   ...absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [8] 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 Māori Appellate Court decision of Perenara v Pryor.7 [9] These authorities support the following general propositions: (a) removal is a serious step and is not undertaken lightly;...

8. 2020 NZEnvC 142 Environmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 16 MB]

   ...waiver, relevant factors include the length of the delay, the reasons for the delay, the scheme of the Act relating to public participation, what has occurred in the proceeding and what effect introducing new parties might have on progressing the appeal to resolution.3 Discussion [6] I do not consider that any party will be unduly prejudiced by SSL joining the proceedings. SSL's application has been made in the early stages of this proceeding and importantly, prior to the Jud...

9. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...justice to remedy the mistake, error or omission by cancelling or amending the order. 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2018 Chief Judge’s MB 42 [21] The applicant has provided me with the Will of the deceased which clearly sets out the intention of the deceased. The Will was not presented to the Court when the order comp...

10. Sneddon - Estate of Thomas Henry Dick [2018] Chief Judge's MB 858 (2018 CJ 858) [pdf, 451 KB]

    ...1985?: and if so (c) Is it necessary in the interests of justice to remedy the mistake or omission? 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 868 Did the deceased Thomas Henry Dick die with issue? [22] I consider that on the balance of probabilities that the applicant has established that the deceased, Thomas Henry Dick, was the father...