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1. Peters v Tai - Poua Lands Trust (2020) 242 Waiariki MB 212 (242 WAR 212) [pdf, 199 KB]

   ...Then on 25 October 2019, Mr Williams filed his report which was then referred to the Court for consideration. On 19 February 2020, I directed that the report be released to all affected parties. [9] Following that, on 25 August 2020, Mr Hemi requested that the application be set down for further hearing at the September sitting of the Court at Ōpōtiki. [10] Mr Johnson, a trustee wrote to the case manager on 26 August 2020 confirming that: (a) one trustee lives in Auckland, Ja...

2. Bisschoff v Yerman [2016] NZIACDT 44 (30 August 2016) [pdf, 127 KB]

   ...response after the decision, I note that at the hearing of this complaint and when addressing sanctions in respect of another complaint, the Tribunal had the opportunity of assessing Ms Yerman’s intentions. The Tribunal reached the point where it requested Ms Yerman to attend in person to address the complaints; so I had the benefit of hearing her in person. [6] It was clear Ms Yerman, with the assistance of her counsel, had undertaken a re-evaluation of how the Immigration Advisers Li...

3. Te Moana - Lot 1 Deposited Plan 8460 (2008) 100 Opotiki MB 131 (100 OPO 131) [pdf, 1.1 MB]

   ...advertisements in the Opotiki News appeared on 20.9.07 and 25.9.07. Counsel for the applicant also filed with the COUl1 a letter dated 14.9.07 from ASB Bank noting Mr Moana's application for additional lending. Of concern to this Court, is the banks request: "That the title and security located at Lot I DP 8460 would require a change in status for the pUJposes of a mortgage advance. Therefore, in order for ASB to lend on this security, a change in status is reqUJi'ed be...

4. Western Bay of Plenty Distrisc Council v Clarke - Te Puke 1A24 (2007) 318 Rotorua MB 140 (318 ROT 140) [pdf, 1 MB]

   ...ahu whenua trust over the land for the purpose of enforcing the charging order. That would involve an alienation which is forbidden under s338(11). [12] 'Alienation' is defmed in s4 of Te Ture Whenua Maori Act 1993 and includes every form of disposition of Maori land or of any legal or equitable interest in Maori land whether divided or undivided. The appointment of a receiver or aIm whenua trustees will involve legal and equitable alienations. [13] There are a number of...

5. Hubbard - Takitimu Marae (2007) 115 Wairoa MB 1 (115 WR 1) [pdf, 138 KB]

   ...Takitimu Marae Trustees ANNUAL GENERAL MEETING Sunday, May 28 Ipm Bring a Plate \ J\ 115 Wairoa MB 3 [10] The minutes ofthe meeting record that 54 persons attended. They were told at the outset of the meeting that it was held at the request of the Court to replace trustees. [11] The minutes also disclose that nominations were called for and that the successful nominations were: • Huki Henare • Maki Tipoki • John Waihape • Robin Eaglesome • John Tamati...

6. [2019] NZEmpC 19 Waste Management New Zealand Ltd v Jones [pdf, 321 KB]

   ...the leave of the Court.2 [4] On 13 February 2019 Mr McDonald, Ms Jones’ representative, filed an application seeking an extension of time to file a statement of defence. An extension of a further 14 days from the date when leave is granted was requested. Four grounds were relied on supported by Mr McDonald’s memorandum. Underlying each of those grounds was that the omission to file the statement of defence was not Ms Jones’ fault. The grounds included that the length of th...

7. LCRO 199/2018 EJ v AP and XG (6 March 2019) [pdf, 92 KB]

   ...to determine liability or quantum because default judgment had been entered and it had no power to review or amend that. As the Committee could take matters no further it determined Mr EJ’s complaint pursuant to s 138(1)(f) of the Act having formed the view that Mr EJ’s remedy was through the Court system. 2 [3] Mr EJ disagrees with the Committee’s decision and applied for a review. He considers the Committee did not address the professional standards issues raised in...

8. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...elsewhere, but the consequences for the purchaser are significant. [21] Mrs PL says she does not believe that Ms OH did not know the vendor was registered for GST at the time the Agreement was entered into and that she had a duty to ensure the form of the Agreement correctly reflected the vendor’s GST status when it was returned to her lawyer after signature by the vendor. [22] In this regard, it is important to note that the vendor’s GST details in Schedule 2 of the agreement...

9. [2018] NZEnvC 185 Kawerau District Council v Aquastar Holdings Limited [pdf, 163 KB]

   ...LIMITED Respondent Court: Environment Judge DA Kirkpatrick sitting alone under ss 279 and 309( 1) of the Act Hearing: On the papers Date of Decision: 28 September 2018 Date of Issue: l3 ftfuMBCf{ 1.tJtj DECISION OF THE ENVIRONMENT COURT ON REQUEST FOR CONSENT A. The Environment Court grants consent to the Kawerau District Council so that the Council may: 1. comply with any of enforcement order B(b) as made by the Court in its decision in this proceeding dated 15 June 2018 a...

10. Broughton - Horowhenua 11B 36 2L 4A (2018) 393 Aotea MB 197 (393 AOT 197) [pdf, 185 KB]

    ...election. (c) An amendment to cl 3.2 as follows: 3.2 Special General Meeting • A Special General Meeting of the Marae Trustees can be called for a specific purpose as and when required by the Trustees or beneficiaries. A written notice requesting that a Special General Meeting be held, signed by at least 15 beneficiaries, shall be sufficient for the calling of such meeting. • The trustees must give 14 days clear notice of a Special General Meeting by way of advertisement...