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...did not wish to take such interest as she did not whakapapa to the lands by blood. The whānau say that based on their mother’s wishes they 14 [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 62 Tākitimu MB 229 did not succeed to their father’s estate until after her passing. When their mother died in 1997, the whānau’s intention was to succeed to their father’s estate and bring the land shares of both par...
...individual or body; and (b) shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [22] I adopt the principles set out by the Court of Appeal in Clarke v Karaitiana where the Court considered the nature of the Court’s discretion to appoint trustees under s 222 of the Act:2 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard...
...so.4 In that case the Tribunal had censured Mr Peters for failing to pursue a convicted 4 Canterbury Westland Standards Committee v Peters [2012] NZLCDT 18 at [23]. 10 client’s instructions to appeal the finding against him. It also imposed an Order for payment of costs which it took particular note of when deciding not to impose a fine. It is inappropriate to record here the health issues Mr WS is experiencing but he has provi...
...3 Ashwell – Succession to Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) and Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2018 Chief Judge’s MB 571 148 Alienation of undivided interests (1) An owner of an undivided interest in any Maori freehold land may alienate that interest to any person who belongs to 1 or more of the preferred classes...
...list of owners contained in the Court record and not to look behind it. There have been no proceedings brought to challenge the transfers referred to. Any such challenge would need to be the subject of a separate application such as a rehearing, appeal or application to the Chief Judge. I note however that the minutes of the hearing regarding the first share transfer between Henry Couch and Riri McConnell records that the parties were second cousins.11 [24] I am satisfied that havin...
...disciplinary history is to be considered but also that it is necessary to give effect to the public protection purposes of the Tribunal’s penalty function. [17] Mr Shaw submitted that: “To adjourn imposition of penalty until all review or appeal options have been exhausted would give rise to unconscionable delay and would undercut the statutory emphasis on ensuring the expeditious determination of proceedings”. [18] We accept that submission entirely and repeat that adjournmen...
...Glenavy - Waihao 903 Section IX Block.2 I do not propose to repeat those principles again in this judgment. 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 641 [8] However, for the benefit of the parties, I note that section 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented,...
...Approval Level 1 Criminal Provider Approval Level 2 Criminal Provider Approval Level 3 Criminal Provider Approval Level 4 Family Mental Health Māori Land Court and Māori Appellate Court Waitangi Tribunal Refugee and Protected Persons Court of Appeal and Supreme Court Employment Advocate I’m applying for approval in the following specified legal services: Duty Lawyer Police Detention Legal Assistance (PDLA) Family Legal Advice Service (FLAS) I’m applying for appr...
...flaw identified, either through the production of evidence not available or not known at the time order was made or through submissions on the law. 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1250 Issue [15] The issues to determine in this case are: (a) Was an error made in fact or in law or in the presentation of the evidence to the Court which led to an error in the order compla...
...109, referring to Dentice v Valuers Registration Board [1992] 1 NZLR 720, 724 – 725. 9 Pillai v Messiter (1989) 16 NSWLR 197. 10 Pillai v Messiter (1989) 16 NSWLR 197, 200. 9 [30] Kirby J’s dicta was adopted by the New Zealand Court of Appeal in Complaints Committee No 1 of the Auckland District Law Society v C where it was held that intentionality is not a necessary ingredient of misconduct. The Court stated: While intentional wrongdoing by a practitioner may well be su...