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1. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...New Zealand, costs have not been awarded to indemnify successful litigants for their actual solicitor and client costs, except in rare cases generally entailing breach of confidence or flagrant misconduct. Except in such cases, in both the Court of Appeal and the High Court orders for party and party costs have been limited to a reasonable contribution to the costs of the successful party. " Prebble and Ors v Awatere Huata (No 2) [2005] 2 NZLR 467 [15] That costs should follow the...

2. Cooper - Ngataurua 2A2 (2004) 134 Aotea MB 96 (134 AOT 96) [pdf, 2.9 MB]

   ...in referring to a number of important policy considerations but they are not relevant here. Minute Book: 134 AOT 101 Then in the recently issued decision of the Maori Appellate Court in re: Port Levy - Wade Wereta Osborne (2003) 6 Te Waiponamu Appeal MB 20 (also cited as 6 APTW 20) a lower Court determination refusing partition was reversed. In that decision the Appellate Court granted the partition based on the particular circumstances of the case. They included the fact that there w...

3. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...matter. What matters is that the PCA retain the opportunity to acquire Maori freehold land that is either currently owned by Maori or which was formerly owned by Maori. [43] In any event, the High Court’s comment is at odds with the Court of Appeal’s view. In Valuer-General v Mangatu Inc [1997] 3 NZLR 641 at 650 to 651 the Court observed: While no one can be absolutely excluded as a possible purchaser of Māori freehold land, the 1993 Act imposes a significant barrier on alienat...

4. Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (2017) 157 Taitokerau MB 7 (157 TTK 7) [pdf, 219 KB]

   ...Conservation v Tau [2016] NZDC 16497. 14 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999, Clarke v Karaitiana [2011] NZCA 154, Mikaere Toto – Te Reti B & C Residue Trust [2014] Maori Appellate Court MB 249 (2014 APPEAL 249). 157 Taitokerau MB 19 requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. 15 When exercising this power, the Court relies...

5. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

   ...new matter and will not be addressed on review. [65] Mr MY may feel aggrieved that each of the matters raised by him has not been specifically discussed or reasons provided for rejecting them. In this regard, reference is made to the Court of Appeal decision R v Nakhla (no 2) where the court said:15 As to the complaints in the motion that the Court did not deal with certain submissions and attributed to counsel a submission he did not make it may be observed that a belief on the pa...

6. Broad v Samson - Otarihau 2B1C (2018) 169 Taitokerau MB 138 (169 TTK 138) [pdf, 391 KB]

   ...Group Ltd (in receivership and liquidation) v MacIntosh [1998] NZLR 171. 27 Commonwealth Reserves I v Chodar [2001] 2 NZLR 374 at [42]. 28 Morrison v Trustees of the Trevor and Dinah Maxwell Whanau Trust [2013] Māori Appellate Court MB 189 (2013 APPEAL 189) at [21]. 29 B248739.1 Transfer Instrument. 169 Taitokerau MB 148 the natural love and affection I bear towards my brother Samuel Patrick Samson do hereby transfer to the said Samuel Patrick Samson all my estate and inter...

7. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...Although this was a procedural oversight, it does not constitute a mistake of fact or law. 3 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2016 APPEAL 167) at [61]. 2018 Chief Judge’s MB 229 [30] The burden of proof when paternity is contested under normal circumstances would lie with those who contend that the father listed on the birth certificate is not the biolog...

8. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...provided. Client communication is a similar area of difference between high and low rated files. Auditors expected reporting to the client to be completed after each event, and copies of signed instructions to be kept on file. For criminal files, appeal opportunities were expected in final reporting letters. While there are times where it is inappropriate to contain this information in writing, auditors were concerned that they were often required to guess if any communication had occur...

9. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...following children: Paratene Ututaonga ma Pereri Ututaonga ma Rapata Ututaonga ma Tame Ututaonga ma 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 553 Whare Ututaonga ma Wiremu Ututaonga ma Haki Ututaonga ma Roi Ututaonga ma Ihipera Ututaonga fa Mokeke Ututaonga fa Pani Ututaonga fa Maraea Ututaonga fa [15] The Court found that t...

10. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

    ...paragraphs (a) to (d). 3 See Ashwell – 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). 4 Te Ture Whenua Māori Act 1993, s 108. Section 108 has since been amended by s 24 of Te Ture Whenua Maori (Succession, Dispute Resolution and Related Matters) Amendment Act 2020. 2021 Chief Judge’s MB 146 Kōreror...