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1. Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate 216 (7 APWH 216) [pdf, 146 KB]

   ...hard fought or how realistic and reasonable a claim is. That said, as directed by the Supreme Court in the Austin Nichols case the Māori Appellate Court must come to its own view as to the merits of the appeal. [16] In this instance Mr Samuels filed in the lower Court an application which he knew to be highly contentious, and strongly resisted by the Incorporation, given that if the application was successful it would throw into disarray the Incorporation’s efforts to survive...

2. Polamalu - Te Ngāe Farm Trust (2007) 313 Rotorua MB 224 (313 ROT 224) [pdf, 456 KB]

   ...it did not mandate Nga Kaihautu at a lmi held 4 JWle 2006 This took almost three years of serious commitment of the Hapu's energies, and was clearly a major issue for Ngati Rangiteaorere. 6 As part of this dispute ]"1rs Pirihira Femvick filed proceedings in the High Court disputing Kaibautu's mandate. Ms Fenwick is of the Trustees of Te Ngae Farm an a long standing member of Ngati Rangiteaorere who has served the tribe in many capacities over a number of years, and is the...

3. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...directions to do so. [15] Minute (4) further recorded that the first charge was to be withdrawn, and the second charge would proceed. The hearing of the second charge was set down for hearing on 12 October 2016, and directions were made as to filing evidence and submissions. A direction was also made that Ms Wallace’s lawyer enter an appearance on the record. [16] On 22 September 2016, the Tribunal received an email from Ms Wallace which appeared to be a request for the hear...

4. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...Authority’s determination is set aside. [42] Costs are reserved. This case is assigned to Category 2, Band B, in the Court’s Practice Direction Guideline Scale.17 If an application for costs is to be made submissions are required to be filed and served within 20 working days. Submissions in response can be filed and served within a further 20 working days, and if any reply is necessary, within a further 10 working days. K G Smith Judge Ju...

5. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [pdf, 216 KB]

   ...was being untruthful when he said he did not know that the complainant had resigned until she informed him on 1 February 2019. It had not therefore been established that Mr Zheng knew the leave letter of 7 December 2018 was false, at the time he filed it with Immigration New Zealand. 4 [17] The Tribunal, however, concluded that Mr Zheng had given a false explanation to Immigration New Zealand on 1 February 2019 when he said that the complainant had decided to study only when...

6. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [pdf, 122 KB]

   ...towards the purchasers’ costs is now inappropriate, taking into account that subsequent to the order, the purchasers have been unsuccessful in their appeal. That appeal was clearly hopeless at the outset. Ms Brake has had to incur substantial legal fees in the appeal. The ability to seek costs against the purchasers is available to Ms Brake, but counsel has been instructed not to do so. Ms Brake continues to have sympathy for their financial position. [31] It is, however, un...

7. Karaitiana v Seagar - Wharetoto 9 Part (2025) 509 Aotea MB 11 (509 AOT 11) [pdf, 240 KB]

   ...reconnect and upgrade the water reticulation system. (iii) repair and reinstate power to the Trust land. (iv) maintain the buildings, grounds including the lawns. (v) repair the front boundary fences. (d) Tokoahu was not to pay any rent or lease fee. (e) It was not certain whether Tokoahu was allowed to live on the Block as part of the lease terms. (f) There was to be no right of renewal, but rather a negotiation if Tokoahu had not completed the work above. (g) The Harvey repo...

8. Blayney v Taueki – Ihaia Taueki Trust (2013) 303 Aotea MB 81 (303 AOT 81) [pdf, 128 KB]

   ...lands put forward by the Māori Education Trust (‘MET’) in September 2012. Mr Taueki says that this proposal would have doubled the current rental income from the Trust lands. The Evidence [9] Letters of support for the application were filed from Mr Henry Williams, Mr Darryl Blayney and Ms Sheree Waho. Mr Greg Spicer has been accountant to the Trust since 2007. He wrote outlining his concerns about the deterioration of trust meetings over the past financial year. There were...

9. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...the parties were prepared to adopt. [9] As a consequence, at a telephone conference on 7 August 2012, the parties were directed to file a joint memorandum setting out their proposals for consideration by the Tribunal. That memorandum was duly filed on 7 September 2012, and the matter was set down for hearing in Wellington on 6 November 2012. 5 [10] At the hearing of 6 November 2012, the Standards Committee, in accordance with the provisions of the joint memorandum, soug...

10. Direct referral guide for submitters [pdf, 381 KB]

    ...submissions usually outline the evidence that will be called (if any), state the resource management issues of relevance, and state any legal principles that will be relied on. In most cases, the Court will have pre-read all the evidence that has been filed and expects all parties to also have read it. Generally, a witness will take the oath or affirmation, be asked to confirm qualifications (if relevant), and confirm the evidence is true, and then proceed straight to questions on it....