Search Results

1. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...[20] In Brown v Māori Appellate Court, 12 the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal. 13 This approach is helpfully summarised in Hammond – Whangawehi 1B3H1: 14 [15] The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That juri...

2. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...A final point relating to the text of s 50F(1) relates to the phrase “for the purposes of facilitation”. This is not unlike the phrase “for the purposes of the mediation” which appears in s 148 of the Act. Of this section, the Court of Appeal stated in Just Hotel:22 [32] In accordance with the ordinary meaning of the word “purpose”, that of the intended object of an activity, a communication (written or oral) is protected unless it is created or made independently of...

3. Davis - Whangaruru Whakaturia 1D6B9A-D (2006) 108 Whangarei MB 219 (108 WH 219) [pdf, 4.2 MB]

   ...Orokawa 3B - Loma Cleave (1995) 4 APWH MB 95; ill re Make/II 2A2 - While (1999) 1 APWAR MB 116; ill re Papamoa 2A1 - Arapeta Hoko (2003) 20 APWM MB 167 and ill re Orokawa 3B - Regelillg (2004) 6 APWH MB 157. I have also had regard to the Court of Appeal decision in Brllce v Edwards (2003) I NZLR SIS and the decision of the full bench of the High Court in Browll v Maori Appellate COllrt (2001)1 NZLR 87. [58) These decisions make it clear that, because of the Preamble and sections 2 a...

4. Knight - Estate of Rewiti Te Rakaherea [2019] Chief Judge's MB 74 (2019 CJ 74) [pdf, 374 KB]

   ...contrary) applies to s 45 applications. Therefore in the absence of a patent defect in the order, there is a presumption that the order made was correct; 6 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167). 7 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 2019 Chief Judge’s MB 86 • Evidence given at the time the order was made, by persons more closely related to the subject matter in both time and knowledge, is...

5. LCRO 229/2017 and 021/2018 VL v YN (8 May 2019) [pdf, 257 KB]

   ...in court. [77] Another decision of this Office where an award of compensation for anguish and distress has been made is LCRO 79/09 which involved a situation where dilatory conduct by a lawyer resulted in clients being out of time for lodging an appeal in court.13 In that review, the applicant had claimed a sum of $18,000 by way of compensation for “stress 12 At [29]. 13 LCRO 79/09 (24 September 2009). 15 of an emotional and...

6. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...order was made, or through submissions on the law. Issues [21] The issues for me to determine are: 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s Minute Book 503 (a) whether the Lower Court erred in making an order for succession in terms of the will; (b) whether the applicant had notice of the application for succession and constituting the wha...

7. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

   ...Tribunal will determine penalty on the papers, unless the parties advise the Tribunal that an oral hearing is sought. [70] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson ________________ Mr N O’Connor Member _________________...

8. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence- John Craig [pdf, 133 KB]

   BI-309448-3-581-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF JOHN LAURENCE CRAIG ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor on recor...

9. ENV-2016-CHC-000047 Blueskin Energy Limited v Dunedin City Council - Evidence - Stephen Chiles [pdf, 1.6 MB]

   CFH-309448-3-451-V2 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER of an appeal under Section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent BRIEF OF EVIDENCE OF DR STEPHEN GORDON CHILES ____________________________________________________________ GALLAWAY COOK ALLAN LAWYERS DUNEDIN Solicitor...

10. [2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd [pdf, 287 KB]

    ...Analysis [70] The Supreme Court has made it clear that unless there are exceptional reasons, costs should follow the result: Shirley v Wairarapa District Health Board.26 [71] The Court went on to refer to dicta from the English Court of Appeal which discussed when it may be permissible to depart from the ordinary course, in Forster v Farquhar, where Bowen L J had said:27 We can get no nearer to a perfect test than the inquiry whether it would be more fair as between the pa...