Search Results

1. Pihama - Akuaku A12 (2016) 57 Tairawhiti MB 200 (57 TRW 200) [pdf, 205 KB]

   ...the appellation Akuaku A12, to be vested in the balance owners. [25] All titles are subject to a restriction on alienation in terms of s 304 of the Act. The surveyor is to peg the boundaries between the two blocks. Rangi Pihama is to meet the cost of survey and construction of the boundary fence. [26] There is an order pursuant to s 37(3) and invoking s 131 of the Act determining both Akuaku A14 and Akuaku A15 blocks as Māori freehold land. Pronounced in Open Court at Gisborne...

2. Hallett - Opawa Rangitoto 2D and 2G [2016] Chief Judge's MB 88 (2016 CJ 88) [pdf, 201 KB]

   ...has erred (s44(1)). …The role of the Chief Judge is consistently expressed in contradistinction to that of the Court. Where the powers of the Court and the Chief Judge coincide, this is done expressly and specifically as with the power to award costs (s46(3)). There is logic in this distinction. The Chief Judge’s role is to review the Court for errors of fact or law. He cannot, at the same time, be the Court he is reviewing. …

3. O’Hagan v New Zealand Police (Discovery) [2017] NZHRRT 51 [pdf, 297 KB]

   ...efficiently, simply and speedily as is consistent with justice. Pursuant to this power it is the practice of the Tribunal and of the Chairperson to direct discovery to be carried out on an informal basis in the first instance. This reduces both cost and inconvenience. More formal directions are required from time to time depending on the facts of the particular case. However, whether conducted on an informal or formal basis, the basic 3 structure of discovery before the Tribuna...

4. LCRO 254/2015 CW v QA (13 August 2018) [pdf, 108 KB]

   ...grievance, his bill to her of the same date, Mr QA’s timesheets to 29 June 2014, and a reply from the employer’s representative dated 16 June 2014. The employer denied Mrs CW’s claims and put her on notice that it would defend her claims and seek costs if she pursued them. [12] Mrs CW alleges delay of over a year on the part of Mr QA, with no outcome. Mrs CW says she did not agree to make regular payments to Mr QA, has had to pay her 3 other representatives and cannot...

5. Broughton - Horowhenua 11B36 Sec 2L4A Kaiwiu Marae (2020) 424 Aotea MB 20 (424 AOT 20) [pdf, 260 KB]

   ...adhere to their duties at all times and especially the duty of non-profit and non-conflict. [31] The trustees elect are directed to undertake trustee training within six months from the date of their appointment. [32] There will be no order as to costs. Ka pānuitia te whakataunga i te Kooti a te toru karaka o te Mane, te ra toru tekau ma rima o Noema 2020 Pronounced in open Court at 3.00pm on Monday 30 November 2020 L R Harvey JUDGE

6. Hills - Kaiapoi MR 873 (2005) 110 South Island MB 85 (110 SI 85) [pdf, 283 KB]

   ...event of her marriage to Mr Hills foundering, the land will not be matrimonial property. This creates a difficulty 2 Re Lorna Cleave 4 APWH 95-103 (Appeal 1995/5, 22 May 1995). Minute Book: 110 SI88 when she has contributed significantly to the cost of the house to be erected there. Secondly, Mr and Mrs Hills each have offspring from other unions, and none in common. Mrs Hills wants to be in a situation where her son can inherit her property. This will be difficult if she invests in...

7. Gratton - Estate of Elizabeth May Henson (2003) 131 Aotea MB 230 (131 AOT 230) [pdf, 607 KB]

   ...attempting to Minute Book:131 AOT 232 have the estate administered in accordance with the will. In addition, Mrs Fleming enclosed a statement of expenses. As at 11 January 2001 they amounted to $16,757.27 of which all but $1,913.62 was for legal costs to five firms of solicitors she appears to have instructed. No other details were provided by Mrs Fleming despite the orders of Judge Spencer that she account for her administration of the estate. For completeness, it should be noted t...

8. Trustees of Tauranga Taupo 1B2B2 - Kiko Road (2003) 271 Rotorua MB 155 (271 ROT 155) [pdf, 654 KB]

   ...owners. f Minute Book: 271 ROT 166 CONCLUSION The net effect of this judgement is that these 990 metres of roadway remain Maori Freehold land in the hands of the owners as at 1932, to the effect that the Crown is also an owner in the land. Costs are reserved and the parties may make such submissions in writing as they see fit. Dated at Rotorua this 6th day of March 2003 JUDGE

9. [2019] NZSSAA 7 (14 February 2019) [pdf, 119 KB]

   ...daughter’s relationship problem was resolved by the time he left. [27] The appellant also said he was unable to afford a house in Auckland but was unable to explain why he could not stay in his friend’s home. We found this evidence that the cost of housing was a major reason for his decision to leave was inconsistent with his assertion that the room in his friend’s house was a key factor demonstrating that New Zealand was his place of residence. [28] A further contradic...

10. Butcher v New Zealand Transport Agency (Third Statement of Claim) [2019] NZHRRT 14 [pdf, 251 KB]

    ...First, the statement of claim cannot be a catalogue of every complaint a plaintiff may have. The claim must comply with the requirements earlier explained in this decision. [22] Second, the High Court Rules make it clear that to reduce the time and cost involved in discovery, the discovery process must be tailored to the needs of the particular litigation. Mr Butcher is misguided in believing the process requires the defendants to make disclosure of anything and everything relating to d...