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...district with amendments as filed with the application. [54] The review of the Ngapini and Tarawa Trust is now concluded. The next review is to be applied for within 5 years. All applications are now dismissed. [55] There will no order as to costs. Pronounced in open Court at 10.15 am in Rotorua on Tuesday the 25 th day of November 2014 L R Harvey JUDGE
...access to the bay. 15 69. The concept of Tukuwhenua is a gifting of land including sometimes the moana, as in the case of Harataunga where I have my Ngati Paoa roots. The marina is in a sense asking for such a tukuwhenua but it is at a cost to the people of Waiheke in that it will affect the future possible use of this area for the larger community, for transport for all. It will thus affect Aramoana. The marina ignores the wairua of the whenua and the moana, Maori tikanga,...
...the order to which the application relates, or by the Registrar. (2) On any application under this section, the Chief Judge may require the applicant to deposit in an office of the Court such sum as the Chief Judge thinks fit as security for costs, and may summarily dismiss the application if the amount so fixed is not so deposited within the time allowed. 48A Deputy Chief Judge may exercise special powers of Chief Judge The Deputy Chief Judge has and may exercise, subject...
...ki Ahuriri Report: 21 … that the Crown: take steps to facilitate a settlement of the Te Matai access issue, either on the basis of mediating between the parties or by supporting an application through the Māori Land Court and paying the costs associated with such an application; … [39] It was submitted that for these reasons, the application cannot be categorised as futile or an abuse of process, and that it cannot be said that this issue is non-jusiticable or is an impro...
...been any agreed variation to the original restructuring and severance provisions incorporated into Mr Coffey's 1999 agreement. For these reasons, the plaintiff's non de novo challenge is dismissed. [56] The defendant is entitled to costs. If this issue cannot be agreed upon between the parties then Mr O'Sullivan is to file submissions within 21 days of the date of this judgment and Mr Churchman will have a further 21 days from receipt of Mr O'Sullivan's...
...included in any settlement reached in mediation or directly between the parties. If that is not possible, Mr Tozer may have the period of three months from the date of this judgment to apply by memorandum for the Court to settle the amount of the costs award to which he is entitled, with the defendant having the period of one month to respond by memorandum. GL Colgan Chief Judge Judgment signed at 8.30 am on Friday 5 September 2014...
...removal of the covenants did not mean they were deemed to have accepted them, and that Sherman Ltd had not been entitled to cancel the agreement. The Court of Appeal orders Sherman Ltd to refund the Harlows’ deposit of $45,000 and pay the Harlows’ costs. Evidential Matters [6] When the defendant briefed his solicitor, Mr Cochrane, he advised Mr Cochrane that he (the defendant) had discussed the content and effect of the new covenants with Mr and Mrs Harlow and they were in agreem...
...the next sitting of the Court in Hastings. They may also wish to apply for a rehearing. [63] The applications for injunction and enforcement of obligations of trust are adjourned to the next sitting of the Court at Hastings on 1 May 2013. [64] Costs are reserved. These orders are for immediate release pursuant to rule 7.5(2)(b) of the Mäori Land Court Rules 2011. Pronounced in open Court in at am/pm on...
...the $25,000 commission share referred to above; that the balance of the commission not be paid; that the licensee apologise to the appellant forthwith; that the licensee be censured; that the licensee be fined $10,000; and that there be an order for costs in favour of the appellant. [39] In the course of final submissions Mr Tobin submitted that, as a result of the said failure by the licensee, the purchaser was able to ambush the appellant on the day of settlement with an allegation of...
...directions hearing by telephone to fix a procedure for submissions on penalty, whether by way of a formal hearing or on the papers. Our current view is that a fair penalty in all the circumstances might be a package of a $3,000 fine, a contribution to the costs of the Authority of $1,000 and to this Tribunal of a further $1,000, and a compensation payment to the complainants of $2,000. [67] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal aga...