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1. Andrews - Tuaropaki E (2005) 82 Taupō MB 206 (82 TPO 206) [pdf, 358 KB]

   ...particularly to clause 4 (b) (xxvi) concerning title improvement. Tnis matter arises, it was submitted, out of difficulties that have arisen in maintaining consistent title records for the Trust's lands. [4] A hearing was held at the Trust's request at Mokai Marae, 81 Taupo MB 32. This was then follovv'ed by a site inspection of the Tuaropaki Power Company premises and glasshouse operation. The Court was accompanied by several trustees, their counsel and staff. The pr...

2. Mangu - Motatau 1B3E2 (2003) 98 Whangārei MB 152 (98 WH 152) [pdf, 291 KB]

   ...siblings by persisting with the gifting. If any gifting should occur, it needs to be between the Applicant and his siblings. It should also be noted that the mortgagee has now had notice of the application but no steps have been taken; apart from a request, apparently, for the Applicant to provide a special valuation. Presumably this must relate to a term of the Applicant's mortgage. However, in the absence of any firm position from the mortgagee, the Court can only speculate. This...

3. Jarrett - Ngapeke 1J2B2B2 (2002) 71 Tauranga MB 31 (71 T 31) [pdf, 1.3 MB]

   ...Court could look at the overall circumstances and rely on the words "having regard to the nature and importance of the maUer" come to a decision which would enable disputes to be resolved . That, of course, was a minority view and did not form the decision of the Court. The decision was then taken on appeal to the High Court which upheld the Maori Appellate Court's determination not to grant a partition. This Court had regard to the nature and importance of the matter...

4. Brown - Te Piringatahi o te Maungarongo Marae (2001) 28 Auckland MB 350 (28 AT 350) [pdf, 824 KB]

   ...K.ohungn Reo wus Ull:lcccplllble. Almosl SIlI1UIIUncollsly, Nolu Dongen IlIed 11 rllrther sllllllllsslOn IIndcr cover or u leller daled 15 .Il1ne 200 I principally direeled 10 Ihe queslion or reloeuling Ihe Kolwngu I~ell. Kelvi!l Marlin on 22 June 2001 requested Ihe eOllrt to iguore ap\llieanl counsel's lilrlhcr submission or tlllll he should be given a rlll'Ih9r opporlunity to rep y. The Coul'! guve him thlll '?PI?orlunity nnd received, under cover or a leller daled 1...

5. Tipene v Gray - Estate of Jack Tuakana Hurae Tipene (2007) 187 Napier MB 287 (187 NA 287) [pdf, 137 KB]

   ...respondent seeks costs. The applicant was not notified of the original application and was not heard. The evidence that has been brought before the court as a result of this application has led to an amendment in the original orders. As a result the request for costs is declined. Costs lie where they fall. Orders [19] As a result of the above I now make orders under section 113/93 determining those listed in Schedule 1 as persons beneficially entitled to succeed to the Maori Land inte...

6. Tuhi - Keepa Tihema Winiata Tuhi Whanau Trust (2007) 187 Napier MB 32 (187 NA 32) [pdf, 180 KB]

   ...terminated. Following the fmal hearing a further 14 days was allowed as a second chance to reach an agreement, however this was also to no avail. [8] Bernadine and Robert have the support of Dave, and wish for the application to proceed in its original form. Discussion & Discussion [1] The Court's jurisdiction to terminate a trust is contained in section 241 of Te Ture Whenua Maori Act 1993 which provides: "241 Termination of trust (1) The Court may at any time, in...

7. Tito v Tito - Mangakahia 2B2 No 2A1A [2017] Māori Appellate Court MB 336 (2017 APPEAL 336) [pdf, 240 KB]

   ...owners as a whole.6 Trustees can act by majority and a majority of the trustees were in favour of the Booths’ lease continuing to roll over on a periodic basis. Mr Tito’s purported cancellation of the lease was not legally effective. This formed the basis of the lower Court’s decision that a prima facie case for injunctive relief had been made out. We see no error in that reasoning. [13] Neither did the lower Court err in determining that damages would not be an adequate rem...

8. [2019] NZSSAA 10 (1 March 2019) [pdf, 100 KB]

   ...receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and (b) the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the New Zealand Superannuation and Retirement Inc...

9. [2019] NZSSAA 12 (8 March 2019) [pdf, 130 KB]

   ...for the Ministry of Social Development DECISION Background [1] XXXX (the appellant) appeals the decision of 4 April 2018, upheld by the Benefits Review Committee, to grant him $95 for a Special Needs Grant for food and not $200 as he requested. [2] This appeal was filed in the name of XXXX. The covering letter gave the name AA in brackets. After the appeal was filed, a lawyer then acting confirmed that he represented XXXX without any reference to another name. At th...

10. Doria v Diamond Laser Medispa Taupo Ltd (Stay) [2019] NZHRRT 20 [pdf, 171 KB]

    ...the hearing. [7] A procedural teleconference was scheduled to take place on 7 February 2019. Prior to the teleconference, Mr Brant filed a memorandum confirming his instructions to take review proceedings in respect of the strike-out decision and requesting that the teleconference be adjourned for two weeks, by which time the proceedings would have been filed and served. This adjournment application was granted, and the teleconference was rescheduled to 21 February 2019. 3 [8]...