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1. Peita - Panguru C27A2 (2015) 104 Taitokerau MB 5 (104 TTK 5) [pdf, 212 KB]

   ...87; and Reid v Kaiwaitau (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) See in particular the discussion in the context of partitions (which involves the same test) in Whaanga v Niania – Anewa [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) and Whaanga v Smith [2015] NZCA 121and my decision in the context of occupation orders in Bhana v Paniora – Wairau North 1B2C (2013) 69 Taitokerau MB 139 (69 TTK 139). 104 Taitokerau MB 14 (a) To ascertain and give...

2. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

   ...meeting to discuss the lease proposal. As I now understand it the injunction is sought for the provision of further information to the applicant with the view that the injunction will remain in place pending the outcome of the Environment Court appeal proceedings. [7] Counsel for the applicant submits that regard should be had to the fact that there is currently a review of trust application before the Court which may result in a change of trustees and as such an order is required...

3. Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183 (105 WAR 183) [pdf, 205 KB]

   ...In this case there is a clear desire of all parties to restore the whānau homestead. Equally, all parties have acknowledged the interest that the entire whānau has in it. 13 (2007) 7 Whangārei Appeal MB 19 (7 APWH 19). 105 Waiariki MB 192 However, there is no competing claim to ownership and it is unlikely that the minority owners are in a position to restore it. The applicant has commenced that process. [29] She has con...

4. Paerau - Te Komiti 1B2B2 Ahu Whenua Trust (2015) 95 Taitokerau MB 280 (95 TTK 280) [pdf, 189 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. 95 Taitokerau MB 283 (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Truste...

5. Davies - Te Haroto Marae Maori Reservation (2015) 45 Takitimu MB 174 (45 TKT 174) [pdf, 438 KB]

   ...– Tataraakina C Block (1995) 11 Takitimu Appellate MB 50 (11 ACTK 50); Tito v Tito [2012] NZCA 493; and Clarke v Karaitiana [2011] NZCA 154 22 Trustees of Tauwhao Te Ngare v Shaw - Tauwhao Te Ngare [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) 23 Cameron – Part Maretai 3B (1996) 19 Waikato Maniapoto Appellate MB 34 (19 APWM 34) 45 Tākitimu MB 179 Te Haroto Marae [23] As foreshadowed, given the inability of the reservation trustees and committee members t...

6. [2013] NZEmpC 154 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Inc [pdf, 101 KB]

   ...6 [1998] 2 NZLR 103 (HC) at 107. 7 [2006] NZAR 247 (HC). 8 [2004] 17 PRNZ 390 (CA). [23] There are, however, good reasons why caution should be shown about entertaining a moot appeal. The assumption which underpins our legal system is that legal propositions are best developed by the Courts in the context of real controversies. The facts and apparent merits of particular cases are not necessarily controlling consi

7. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2001/Hohua%202013%20Estate%20of%20Tangi%20Biddle%20or%20Hohua.pdf 19 Tākitimu MB 168 Relevant Law [12] The Māori Appellate Court decision in Hohua – Estate of Tangi Biddle or Hohua sets out the relevant law: 3 In considering the law relevant to this appeal the Māori Appellate Court takes into account the Preamble, sections 17 and section 115/93. Section 115/93 provides...

8. Arama - Whatitiri 13B2B2 (2013) 69 Taitokerau 158 (69 TTK 158) [pdf, 114 KB]

   ...discretion. Our point is that the assessment under s 288(2)(b) requires the Court to consider the evidence in its entirety. 5 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428). 69 Taitokerau MB 166 [22] The Court also went on to discuss what amounts to a sufficient degree of support for the purposes of partition (s 288(2)(b)). The Court noted that the Act does not stipulate a particul...

9. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...basis for departing from the ordinary rules where the proceedings were difficult and hard fought, and where the applicants succeeded in the 10 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) 11 (2001) 13 Täkitimu Appellate MB 184 (13 ACTK 184) 12 (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64) 13 (2008) 11 Waiariki Appellate Minute Book 249 (11 AP 249) 32 Tākitimu MB 180 face of serious and co...

10. Jahnke – Waipiro M T Sec.5 Blk X (2014) 38 Tairawhiti MB 274 (38 TRW 274) [pdf, 291 KB]

    ...3 50 Ruatoria MB 6 (50 RUA 9). 4 51 Ruatoria MB 167 (51 RUA 167). 5 55 Ruatoria MB 162 (55 RUA 162). 38 Tairawhiti MB 277 notwithstanding the making of the orders those unhappy with the order could apply for rehearing or an appeal. [10] The applications came before the Court again on 30 August 1999. 6 Judge Isaac accepted John Dewes oral application for a rehearing of Harata’s partition and adjourned his occupation application. [11] On 31 August 1999 7 , t...