Search Results

1. Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) [pdf, 351 KB]

   ...issue for determination was whether Mr Wirihana should be removed as a trustee. At the hearing I dismissed the application for removal and confirmed that reasons in writing would follow if the applicants disagreed with that decision and sought to appeal. In addition, there are the proceedings for the enforcement of obligations of trust. To avoid doubt, the steps required to be undertaken regarding the marae accounts are set out in the minutes of the last hearing and need not encumb...

2. Hines v Attorney-General (Application to Remove Proceedings to High Court) [2018] NZHRRT 26 [pdf, 256 KB]

   ...non-party. [11] On 19 April 2016 Peters J made orders striking out Mr McClintock’s proceedings on the grounds that he had failed to comply with timetable directions for trial. See McClintock v Attorney-General HC Auckland CIV-2015-404-279. On appeal the Court of Appeal held there had undoubtedly been jurisdiction to strike out the proceeding because Mr 4 McClintock’s counsel had been guilty of what was described as “continual delays and unexplained breaches of successive o...

3. Tihi v Nuku - Ruatoki B Sections Aggregated Ruatoki C Sections Aggregated (2020) 238 Waiariki MB 127 (238 WAR 127) [pdf, 272 KB]

   ...Hare Nuku Ratana.1 The Court initially determined the Rangiaukume Nuku Te Ratana Whānau Trust as the owner of the house, however, the order was later amended in favour of the executors of the estate of Hare Nuku Ratana.2 [2] The matter was appealed and, on 26 September 2019, the Māori Appellate Court issued a decision noting:3 [35] During the course of the appeal, there was considerable discussion on how to resolve the issue confronting the Executors and the trustees of the...

4. [2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force [pdf, 246 KB]

   ...reasonably”: Bradbury v Westpac Banking Corp.5 [17] Here, an uplift on scale is sought on the well-recognised ground that the party opposing the application for costs put up a case that lacked merit.6 [18] An example in that category arises from an appeal from a judgment of this Court to the Court of Appeal: Broadspectrum (NZ) Ltd v Nathan.7 There, the appellant sought a stay of the Court’s decision to reinstate an employee, by way of interim relief pending the hearing of a su...

5. [2021] NZEnvC 202 Echave v Thames-Coromandel District Council [pdf, 312 KB]

   ...been opposed throughout by both the TCDC and the consent holder. They submit that as the consent was granted on a non-notified basis, this Court has no jurisdiction to consider the appropriateness of that procedure or to allow a “back door” appeal using the declaration procedure in ss 310 – 313 of the RMA. Evaluation I have read and considered Mr Echave’s originating application, alongside the revised application and supporting documents filed with the Court on 15 Dec...

6. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [17] Important authorities on applications for rehearing include Henare v Māori Trustee – Paren...

7. Te Arai Group 206 [pdf, 53 KB]

   ...Respondent NOTICE OF WISH OF THE TE ARAI GROUP TO BE PARTY TO PROCEEDINGS 2 TO: The Registrar Environment Court AUCKLAND 1. The Te Arai Group of submitters wishes to be party to this proceeding (ENV-2016-AKL-000206) (an appeal by Cato Bolam Consultants Ltd). NATURE OF INTEREST 2. This notice is lodged on behalf of a related group of submitters (“Te Arai Group”) who were submitters in the Subdivision topic. These submitters are: (a) Darby...

8. Te Arai Group 180 [pdf, 53 KB]

   ...Respondent NOTICE OF WISH OF THE TE ARAI GROUP TO BE PARTY TO PROCEEDINGS 2 TO: The Registrar Environment Court AUCKLAND 1. The Te Arai Group of submitters wishes to be party to this proceeding (ENV-2016-AKL-000180) (an appeal by Cabra Rural Developments Limited and Others). NATURE OF INTEREST 2. This notice is lodged on behalf of a related group of submitters (“Te Arai Group”) who were submitters in the Subdivision topic. These submitters ar...

9. Te Arai Group 212 [pdf, 53 KB]

   ...Respondent NOTICE OF WISH OF THE TE ARAI GROUP TO BE PARTY TO PROCEEDINGS 2 TO: The Registrar Environment Court AUCKLAND 1. The Te Arai Group of submitters wishes to be party to this proceeding (ENV-2016-AKL-000212) (an appeal by Smithies Family Trust). NATURE OF INTEREST 2. This notice is lodged on behalf of a related group of submitters (“Te Arai Group”) who were submitters in the Subdivision topic. These submitters are: (a) Darby Partn...

10. Te Arai Group 207.pdf [pdf, 53 KB]

    ...Respondent NOTICE OF WISH OF THE TE ARAI GROUP TO BE PARTY TO PROCEEDINGS 2 TO: The Registrar Environment Court AUCKLAND 1. The Te Arai Group of submitters wishes to be party to this proceeding (ENV-2016-AKL-000207) (an appeal by Mason and Others). NATURE OF INTEREST 2. This notice is lodged on behalf of a related group of submitters (“Te Arai Group”) who were submitters in the Subdivision topic. These submitters are: (a) Darby Partners (...