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1. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND AND BETWEEN AND AND Decision No. [2018] NZEnvC S l­ of the Biosecurity Act 1993 the Resource Management Act 1991 (RMA) of an appeal pursuant to s 291 of the RMA FAR NORTH HOLDINGS LIMITED KERIKERI CRUISING CLUB WHANGAREI HARBOUR MARINE MANAGEMENT TRUST WHANGAROA MARINA MANAGEMENT TRUST RIVERSIDE DRIVE MARINA (2015) LIMITED (ENV-217-AKL-137) Applicants...

2. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

   ...Employment Court Regulations 2000, reg 38(1)(a)-(d). [28] While not referred to in reg 44, it is apparent from reg 37, that disclosure is confined to relevant documents. Relevance is dictated by the pleadings.10 In Airways Corp the Court of Appeal held that the pleadings define the ambit of the proceeding and the issues to which questions of relevance must be related. The Court cautioned that relevance should not be looked at narrowly, but can never be divorced from the is...

3. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

   ...that these principles remain appropriate: Fagotti v Acme & Co Ltd.21 [42] Next, a question which arises in this case is whether Ozone should be regarded as the successful party. Usually, costs follow the event.22 [43] However, the Court of Appeal in Health Waikato Ltd v Elmsly noted that cases where parties have mixed success may be different. [44] The Court noted that it is not necessarily easy to determine who ‘won’ the case, and who would thus be entitled to costs.23...

4. Taurua - Estate of Piatarihi Taurua [2018] Chief Judge's MB 108 (2018 CJ 108) [pdf, 335 KB]

   ...recognition of Ella Taurua, as an adopted child of Ngamati Huirua Taurua, those objections cannot outweigh the legal evidence that is now before the Court. 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 122 [23] Consequently I find that the Court made a mistake in fact and in law when it granted the orders for succession made on 16 July 1957 at 31 Bay of Islands MB 265-267. [24] I further conside...

5. Haira v White – Te Rihari Trust (2016) 136 Waiariki MB 220 (136 WAR 220) [pdf, 223 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [29] In Rameka v Hall, the Court of Appeal set out the relevant legal principles regarding the duties of trustees and applications for removal per s 240 of the Act: 4 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section r...

6. Gilbert - Horahora 1A3B (2017) 158 Taitokerau MB 69 (18 TTK 69) [pdf, 839 KB]

   ...addition, the Court must be satisfied that: 5 2 Sione – Te Hapua 24 (2000) 4 Taitokerau Appellate MB 275 (4 APWH 275) at 276; Rudolph v Reti – Otetao B3A2 [2011] Maori Appellate Court MB 143 (2011 APPEAL 143). 3 McCarthy – Utakura No. 9 (2008) 124 Whangarei MB 84 (124 WH 84). 4 Te Ture Whenua Māori Act, s 329(1). 5 Te Ture Whenua Māori Act, s 329(2). 158 Taitokerau MB 81 (a) The owners have had sufficient notice and o...

7. Reedy - Waitangi A1A1 (2003) 66 Ruatōria MB 48 (66 RUS 48) [pdf, 857 KB]

   ...section 18/93 are less obvious. What I do accept is that there was a will in this case where Tuterangi's intention has been clearly articulated, that there are succession orders giving effect to that intention and that the applicant could have appealed that decision, and or applied to contest the will in the High Court. He has chosen instead to file proceedings of this nature. But that is his right and nothing further can be made of that. The respondents seek to have the application...

8. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...held previously that under s18(1 ) (a)/93 the Court has power to make a determination as to entitlement or ownership and to follow that by making an order under the appropriate section of the Act so as to give effect to that determination. (See Re An Appeal by Ngahuia Tawhai [1998] NZAR 459,471) What the Maori Land Court should do with such applications is to review and consider the particular circumstances of the case to determine such claims. (See for example Re Okurupatu B4B2A Block (2...

9. CAC 409 v Brady [2019] NZREADT 21 (23 May 2019) [pdf, 219 KB]

   ...the Authority within 20 working days of the date of this decision. [2019] NZREADT 21 - Ball & Brady - publishing [56] 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 ____________________ Ms N Dangen Member _________...

10. Kani v MacDonald - Waimarama 3A6B6B Inc. (2021) 88 Takitimu MB 148 (88 TKT 148) [pdf, 331 KB]

    ...of the incorporation’s annual accounts; it was simply a question of costs, given the losses that had been made in recent years. 8 Watson v Parker - The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543) 9 82 Tākitimu MB 164-180 (82 TKT 164-180) at 169 88 Tākitimu MB 156 Kōrerorero Discussion [24] Section 277 of the Act states: 277 Appointment and duties of auditor (1) The shareholders of a large Maori incorporation...