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1. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 491 Aotea MB 36 (491 AOT 36 ) [pdf, 233 KB]

   ...an interim injunction may be nugatory, given that I have already made the trustee appointments by order of the Court. I cannot injunct something that has already happened, nor can I reverse my order, without a basis to do that i.e. rehearing or appeal direction. Given this, I raised with all parties to the JC about the possibility of a rehearing. [13] If I received an application of that nature, I could certainly address that on its merits and decide whether I was prepared to gran...

2. Andrew v Wano - Tataraakina C Trust (2025) 117 Tākitimu MB 251 (117 TKT 251) [pdf, 250 KB]

   ...sufficient evidence of the facts so certified. (4) The filing in the District Court under this section of a copy of an order made by the Māori Land Court or the Māori Appellate Court shall not limit or affect any right or power of rehearing, appeal, amendment, or cancellation existing in respect of that order. [13] Section 82 of the Act allows the court to order that debts be charged against Māori land interests. It provides: 82 Charging orders (1) Without limiting anythi...

3. Bevan-Smith v One New Zealand Group Ltd (Strike Out) [2024] NZHRRT 48 [pdf, 583 KB]

   ...file its submissions first as it was legally represented). [31] On 31 May 2024, Dr Bevan-Smith filed a memorandum advising he would not be filing his evidence or submissions as to whether the claim should be struck out and that instead he intended to appeal an interim direction of the Tribunal regarding these matters. 7 [32] On 19 July 2024 Dr Bevan-Smith advised the Tribunal that he had withdrawn an appeal to the High Court and requested further time to file his submissions relating to t...

4. Ratima v Smith - Te Haroto 2B2B (2024) 113 Tākitimu MB 287 (113 TKT 287) [pdf, 241 KB]

   ...ballot. 29 of them agreed that the former trustees should pay $2,157.29 to the Trust. 13 of them disagreed. [8] During the period in which the poll was undertaken, Ivy Kahukiwa-Smith and Joyce Eparaima (together, “the respondents”) filed an appeal of the 19 July 2018 decision. It was rejected by the Chief Registrar on 13 September 2018 on the basis that a final decision had not been issued, pending the outcome of the poll of the beneficiaries. [9] The file then suffered from...

5. ENVC Hearing 6Oct14 DM expert Robert Greenway [pdf, 2.7 MB]

   ...working on the Lyttelton Port Company’s earthquake recovery plan, which includes a marina development. I undertook some preliminary research on the Tairua Marina proposal but did not present evidence as I was unable to support my client’s appeal case. 9. Recreationally, I am an experienced sailor, and own a 9.45m keeler which is housed in the Nelson Marina. I can claim almost 50 years of boating experience, having been born while my parents were living aboard a home-built ya...

6. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

   ...claims for restitution at common law is solidly based upon principles of unjust enrichment, rather than upon a notion of implied contract”. 22 [69] In Morning Star (St Luke’s Garden Apartments) Ltd v Canam Construction Ltd, the Court of Appeal considered the underlying basis of a quantum meruit claim and observed that whilst historically such had been treated as being based upon an implied contract, today it is generally seen as being a restitutionary claim. 23 That said,...

7. LCRO 172/2015 and 173/2015 WL v XC and HF v XC (16 May 2019) [pdf, 269 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. Mayfair Street Units v Spargo [pdf, 323 KB]

   ...duty to someone else, the creation of a class of non-delegable duties seems to be self- contradictory... No single unifying principle is associated with the cases in which a non-delegable duty has been held to exist.” [25] Even the Court of Appeal noted the difficulties concerning non- delegable duty saying it was difficult to state clear principles (at p31). In Mt Albert Borough Council v Johnson a development company which had acquired and subdivided land and homes built on...

9. LA Provider Manual Part 1 Approvals - December 2018 [pdf, 1.1 MB]

   ...lawyer Clause 7 Police Detention Legal Assistance Clause 8 Civil Clause 9 Family Clause 10 Māori Land/Māori Appellate Courts Clause 11 Waitangi Tribunal Clause 12 Mental Health Clause 13 Refugees and Protected Persons Clause 14 Court of Appeal and Supreme Court Application requirements Introduction This section lists the application requirements for each provider type. Required materials The table below lists the required materials for each of the provider types. P...

10. 2023-NZEnvC-244-The-Canyon-Vineyard-Limited-v-Central-Otago-District-Council.pdf [pdf, 2.8 MB]

    THE CANYON VINEYARD LTD v CODC – CORRIGENDUM IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 244 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...