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1. Putataua Bay Holdings Ltd - Roadway Order Instrument 7895326.1 (2014) 84 Taitokerau MB 229 (84 TTK 229) [pdf, 106 KB]

   ...Taitokerau MB 231 [6] Mr Peters submits that the service of notice of the hearing is sufficient. He also points out that Mr and Mrs Pere are living in an illegal dwelling and as such there is no street or postal address and, for the future, requests that an email address or facsimile number be used for the purposes of service. [7] I am satisfied that Mr Pere has had sufficient notice of the hearing. Personal service of the substantive proceedings was effected on Mr and Mrs P...

2. Wairua - Maungaroa No.1 Section 2B Block (2014) 103 Waiariki MB 133 (103 WAR 133) [pdf, 205 KB]

   ...should all build in the shade and you should too uncle?; and 103 Waiariki MB 137 I live in the shade, come build by us uncle, it is not fair and you should live with us in the shade. AREAS OF DIFFICULTY/ISSUES TO NOTE 12. Mr Rika, requested that the proxy holders be read out to ensure they were present. (This was done and all proxy holders were present.) 13. Two proxy forms were rejected as succession had not been completed for Johnny Wairua and David Miles Wairua...

3. Stevenson Group Ltd - Wharetoto 2C and Wharetoto 2D (2015) 334 Aotea MB 19 (334 AOT 19) [pdf, 198 KB]

   ...from the Māori Land Court are not confined to the parties. 2 [16] Mr Bidois submits that the trustees will suffer immediate and substantial prejudice if their application is further delayed if Pure 100 is joined as a party and subsequently requests an adjournment of proceedings, which they might reasonably require. Counsel adds that further prejudice could be created if the Lochinver Station was transferred to another party during any period of adjournment as the trustees would...

4. ENVC Hearing 6Oct14 WML evidence chief Donald Prince [pdf, 774 KB]

   ...by the presence of midden visible when the site was recorded. Shell midden are rarely found in isolation and experience shows that they represent a component feature of an occupation area that typically includes evidence of structures in the form of post holes, cooking areas, modified soils and artefacts. It is expected that the archaeological features associated with sites R11/191, R11/1306, R11/1650, R11/1651, R11/1653, R11/1654 and R11/1859 will comprise 3 such featu...

5. [2016] NZEmpC 17 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 126 KB]

   ...action – decision”. The full Court concluded that AFFCO had breached s 32(1)(d)(ii) and (iii) of the Act in engaging or attempting to engage individual employees being bargained for collectively by requiring those employees to accept AFFCO’s forms of individual employment agreements if they were to be re-engaged for the 2015/2016 season. [11] More particularly, the Court found that AFFCO acted in bad faith (in beach of ss 32(1) and 44 of the Act) in a number of ways. First...

6. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

   ...work on the whare some time ago and it remains partially built. [21] The Council for its part have held off enforcement in the meantime, in part to consider the outcome of these proceedings. Council representatives attended the hearings and when requested provided background information and an update as to the status of the enforcement proceedings. I record my appreciation for the assistance the Council representatives were able to provide. Procedural Steps [22] I convened a ju...

7. Kapa - Estates of Te Whakahau Hare and Ruka Paati (2014) 72 Taitokerau MB 54 (72 TTK 54) [pdf, 131 KB]

   ...to s 40 of Te Ture Whenua Māori Act 1993 (“1993 Act”). While the parties should now be familiar with that history, it is necessary to recount it here. [4] Taheke D comprises 0.6 hectares. Prior to the 1940s the bulk of the land that now forms Taheke D had not been investigated by the Native Land Court. It was therefore Māori customary land. The Court investigated title to this land between 1941 and 1943. It was identified as “Papatupu land adjoining Whataipu A and Whata...

8. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...(14 WAR 136-154) (Heard at Opotiki) Counsel: Mr Koning (Counsel for the Respondent) Judgment: 13 June 2011 PRELIMINARY DETERMINATION OF DEPUTY CHIEF JUDGE CL FOX Introduction [1] This case concerns the maintenance and proposed formation of a road known as “Matahi Valley Road” located approximately 40 kilometres south of Whakatane. For many years the carriageway of Matahi Valley Road had been located outside of an area Gazetted as a road reserve on 14 July 1930...

9. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

   ...annexed and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Heal...

10. New Zealand Law Society v Dorbu [2011] NZLCDT 24 [pdf, 102 KB]

    ...Decision No: [2011] NZLCDT 24 LCDT 026/09, 004/09 IN THE MATTER of the Lawyers and Conveyancers Act 2006 and the Law Practitioners Act 1982 BETWEEN NEW ZEALAND LAW SOCIETY Applicant AND JOHN EVANS DORBU of Auckland, former Barrister CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms J Gray Ms C Rowe Ms M Scholtens QC Mr W Smith HEARING at AUCKLAND on 22 September 2011 APPEARANCES Mr H Keyte QC and Mr M Treleaven for New Zea...