Search Results

1. Disputes Tribunal booklet [pdf, 574 KB]

   ...called an ‘Order’ and is legally binding (you must follow it). You and the other party will need to arrange how you’ll follow the Order. They may contact you to remind you what you need to do and what may happen if you don’t. Rehearings and appeals You may be able to get a rehearing or appeal the decision. Find out more at the weblink below. If you don’t follow an Order If you don’t follow the Order, the other party may: • apply to the District Court to enforce the...

2. MOJ0058 Disputes Tribunal booklet [pdf, 565 KB]

   ...called an ‘Order’ and is legally binding (you must follow it). You and the other party will need to arrange how you’ll follow the Order. They may contact you to remind you what you need to do and what may happen if you don’t. Rehearings and appeals You may be able to get a rehearing or appeal the decision. Find out more at the weblink below. If you don’t follow an Order If you don’t follow the Order, the other party may: • apply to the District Court to enforce the...

3. Paikea v Paikea - Wiremu Mitai Paikea Whanau Trust (2020) 215 Taitokerau MB 229 (215 TTK 229) [pdf, 269 KB]

   ...[27] Ultimately Judge Harvey ordered a compromise, granting a life interest in favour of Duncan Mathews with details of the remainder interest to be finalised in due course.12 While the compromise ordered by Judge Harvey was the subject of an appeal, the findings discussed above were not challenged.13 [28] What is clear from the Appellate Court decision of Mathews v Mathews, is that an owner of Māori land interests can transfer those interests to one or several of his or her chi...

4. Albert v Hogg - Mangamuka East B3 (2020) 209 Taitokerau MB 162 (209 TTK 162) [pdf, 264 KB]

   ...parties; (c) Evidence of a trust failing to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. [28] In Larkins v Wi Kaitaia – Waihou Hutoia D2A, the Māori Appellate Court concluded that the appeal should be allowed on the basis that the orders made by the lower Court to terminate the trust were made without sufficient evidence. The Māori Appellate Court directed that the matter be reheard, and consideration be given to the f...

5. Kingsnorth v Crawford - Motuaruhe 5D Block (2020) 233 Waiariki MB 39 (233 WAR 39) [pdf, 189 KB]

   ...(133 WMN 39). 8 Māori Land Court of New Zealand: Practice Note – Special Aid Fund – Appointment of a Barrister of Solicitor, 31 May 2012. 9 Taueki v Horowhenua 11 (Lake) Māori Reservation Trust [2019] Māori Appellate Court MB 652 (2019 APPEAL 652). 10 187 Waiariki MB 47 (187 WAR 47). 233 Waiariki MB 46 Te Ture - The Law [23] The general approach to an award of costs is settled. The relevant principles were set out in Trustees of the Horina Nepia and Te Hiwi Pia...

6. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...Assignee’s Calderbank offer. Other conduct of Mr Beattie is said to have been unreasonable. The Assignee says he has incurred costs well in excess of $100,000 in responding to Mr Beattie’s claim. [2] It is to be noted that while Mr Beattie filed an appeal in the High Court, that appeal was struck out by Brewer J in Beattie v The Official Assignee [2021] NZHC 1607 (1 July 2021) as a consequence of Mr Beattie’s failure to serve his notice of appeal on the Tribunal and on the Assign...

7. [2022] NZEnvC 103 Director-General of Conservation v Whangarei District Council [pdf, 280 KB]

   Director-General of Conservation v Whangārei District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 103 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 in relation to the package of urban services and plan changes to the Operative Whangārei District Plan AND IN THE MATTER OF an appeal in respect of Kauri Dieback Hygiene provisions BETWEEN DIRECTO...

8. 2022-02-11 ORC - MOC - in support of the provisions as agreed at mediation [pdf, 247 KB]

   ...partially operative and the PORPS 2019 which was also partially operative. The most relevant part of the PORPS 2019, Chapter 3, was not operative at the time that Chapter 7 of PC1 was notified. However, given that, at the time, Environment Court appeals on the PORPS 2019 were being resolved, the plan change was prepared to give effect to the PORPS 2019. 9 Following the resolution of all Environment Court appeals, all of the PORPS 2019 provisions were made operative on 15 March 2...

9. [2022] NZACC 195– Lisale v ACC (6 October 2022) [pdf, 190 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 195 ACR 251/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN TIMOTHY LISALE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 September 2022 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the Appellant F Becroft for the Respondent J...

10. [2024] NZEmpC 51 Citadel Capital Ltd v Miles [pdf, 264 KB]

    ...granted; (b) whether the challenge is brought and pursued in good faith; 6 Employment Relations Act 2000, s 143(fa). 7 See similar observations in Maheta v Skybus New Zealand Ltd [2020] NZEmpC 236 at [31]–[33]. Although the Court of Appeal in Maheta v Skybus NZ Ltd [2022] NZCA 516, [2022] ERNZ 1005 subsequently reversed the central decision in that case, paragraphs [31]–[33] were not affected by the appeal as the Court of Appeal was focusing on the issue of whether a chal...