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1. Kepa v Kautai - Estate of James Keepa (2016) 52 Takitimu MB 256 (52 TKT 256) [pdf, 279 KB]

   ...considers may assist it to deal effectively with the matters before it, but shall ensure that the parties are kept fully informed of all such matters and, where appropriate, given an opportunity to reply. [23] This was underscored by the Court of Appeal in The Proprietors of Mangakino Township v Māori Land Court: 9 [25] We agree also with the High Court that the power for the Maori Land Court to direct the preparation of an independent report on the affairs of a trust for the...

2. Staite v Greenville - Paeroa East 4B2C2 (2002) 264 Rotorua MB 132 (264 ROT 132) [pdf, 711 KB]

   ...Brookers 1977. I also have regard to the judgement of Cousins and Wils.on (Supra). As an appropriate figure to mark the Courts censure of outrageous conduct, I award the figure of $2,000.00. INTEREST AND COSTS The High Court and the Court of Appeal have power to award interest down to the date of judgement, pursuant to s87 of the Judicature Act 1908. The District Court has been given this power pursuant to s628 of the District Courts Act 1947. The issue of interest was not argued...

3. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...to be heard." Both Counsel accepted that the section was expressed in wide terms and that the Maori Land Court has jurisdiction to make a pre-hearing award of costs . In exercising my discretion I am guided by the decision of the Court of Appeal In Berkett v Cave [2001]1 NZLR 667, where the Court said at paragraph 13: "The authorities can be summarised as indicating that to obtain such an order the applicant must, as a minimum, show: (I.) The case mounted is clearly argua...

4. Takarangi - Hautu 2B1B2A No 3 (2017) 375 Aotea MB 42 (375 AOT 42) [pdf, 371 KB]

   ...6 Proprietors of Mangakino Township v The Māori Land Court, CA65/99, 16 June 1999; Clarke v Karaitiana [2011] NZCA 154 7 Kemp v Kemp – Wiremu Keepa Karauria Kaiwhata Whānau Trust [2010] Maori Appellate Court MB 7 (2010 APPEAL 7) 375 Aotea MB 46 were paid $500 on that day. In addition, Mr Bhullar submits that, according to the evidence given by Frances Ketu, a further 26 shareholders have been paid $500 since that meeting. [17] Mr Baxter, counsel appo...

5. Huata - Koparakore B2B 2C (2017) 62 Tākitimu MB 222 (62 TKT 222) [pdf, 377 KB]

   ...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...

6. Tanerau-King - Mangamaunu 1A Part Section 19 (2019) 53 Te Waipounamu MB 220 (53 TWP 220) [pdf, 307 KB]

   ...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...

7. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...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...

8. Puru - Takou [2018] Chief Judge's MB 563 (2018 CJ 563) [pdf, 351 KB]

   ...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...

9. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...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...

10. Otago Standards Committee v Zhao [2016] NZLCDT 32 [pdf, 55 KB]

    ...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...