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1. 2021-04-21 Minute - PC7 - Court questions for conferencing [pdf, 749 KB]

   ...VINEYARD LIMITED & MOUNT DUNSTAN ESTATES LIMITED – RELIEF SOUGHT IN RELATION TO POLICY 10A.2 AND RULE 10A.3.1 Dated 20 April 2021 1 MAY IT PLEASE THE COURT: 1 At the hearing on 20th April 2021, the Court requested that Counsel provide a Memorandum setting out the amendments Strath Clyde Water Limited, McArthur Ridge Vineyard Limited and Mount Dunstan Estates Limited are seeking to Policy 10A.2 and Rule 10A.3.1 of Plan Change 7. These amend...

2. 2021-04-15 HortNZ - ORC PC7 - Opening Submissions [pdf, 111 KB]

   ...at [6]. 7 23. HortNZ considered the changes that were recommended in the 14 March version and decided that supplementary planning evidence was not required as planning conferencing was scheduled for 8 and 9 April. However, the Court requested an updated brief of evidence from Mr Hodgson and this was lodged on Tuesday 13 April (updated evidence). 24. In Mr Hodgson’s updated evidence, he records his support of the cascade of activity rules as drafted in the 8 April v...

3. Pritchard - Rangitatau Waitotara 3F1 and 3A (2020) 421 Aotea MB 140 (421 AOT 140) [pdf, 191 KB]

   ...Kaitono Submissions of the applicant [12] Mr Pritchard submitted that all of the formalities required had been observed in terms of notice, two meetings of owners with sufficient opportunity for discussion and sufficiency of support. He therefore requested that the application be granted and that the trustees be appointed. 421 Aotea MB 143 [13] In response to a submission from Stephen Toa-Wairere, Mr Jackson confirmed that he had been involved in an incident regarding Polic...

4. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

   ...attaching to document disclosure in the Employment Court generally, under regs 50-51 of the Employment Court Regulations 2000 (the Regulations) which are as follows: 50 Continuing obligation If any party who has been served with a notice in form 6 obtains, during the proceedings and after responding to that notice, possession, custody, or control of a document relevant to the proceedings, that party’s possession, control, or custody of that document must immediately b...

5. Trustees of Te Reti B and C Residue Trust - Te Reti B and C (2004) 76 Tauranga 259 (76 T 259) [pdf, 1.6 MB]

   ...Matthews and Tawhia Matthews and to appoint Raymond Te Kura, Stan Urwin, Michael Kohu, Noreen Tata and Jewel Ranui to fill the vacancies in trustee positions and so bring the number of trustees up to a full complement of seven. The Court was not requested to appoint Te Iwi Piahana as she was already a trustee. In light of the number of votes for the proposed new trustees - Stan Urwin, Michael Kohu, Noreen Tata and Raymond Te Kura, all of whom polled wijh a clear margin over the losing...

6. MacDonald v MacDonald - Wairau Block XII 6C2C [2016] Māori Appellate Court MB 370 (2016 APPEAL 370) [pdf, 181 KB]

   ...application; (d) the application was seeking an outcome preferable to Phillip, rather than one that met the strict criteria of Te Ture Whenua Māori Act 1993; and (e) Phillip had failed to consider alternative means to resolution of the dispute in the form of accepting rent from Brigham. [7] In relation to the Māori Land Court proceedings heard by Judge Reeves, Mr Hardy- Jones submits that Brigham's total costs were $29,983.96, and seeks a costs award of between $19,500-$22...

7. Green v Wiari Green Estate - Uekaha A12BA2 (2004) 123 Otorohanga MB 197 (123 OT 197) [pdf, 422 KB]

   ...not give power to the Maori Land Court to levy interest for late payment of costs incurred on partition and I am unable to find any other authority for the levying of interest by this Court. I am therefore unable to make the order for interest requested by the Estate. Minute Book: 123 OT 204 Final Account The decisions I have made above mean that the accounts for fencing and formation of the roadway differ for each party. In particular the Kohatu Green whanau do not have to...

8. Lux - Opape 3H2 (2003) 82 Ōpōtiki MB 47 (82 OPO 47) [pdf, 465 KB]

   ...am in no doubt, however, that the mountain does feature in the history of Te Whakatohea and the hapu of the region. Minute Book: 82 OPO 52 As far as the proximity of Opape 3H2 with Makeo is concerned, the Court Is in no doubt that Part C does form part of the surrounds of Makeo mountain although severed by a steep gully. That finding is made mindful that the mountain is situated within a different land title. In support of this finding I note: 1. The Court has visited Part C and see...

9. Pompey - Whaanga 1C2B1 (2001) 97 Waikato MB 1 (97 W 1) [pdf, 1.7 MB]

   ...of these items and in view of the denials by the applicants I am unable to conclude that they removed Ihem. As to the removal of the nine pine trees the applicants acknowledge that they arranged for this to be done. It was done in response to a request from a neighbour because the trees were encroaching on his property and likely to cause damage to his power lines. In arranging this work the applicants did not consult with the Trust. Miss Nepe for the applicants represented that t...

10. Allison - Te Waiti 2C2 (2001) 77 Ōpōtiki MB 37 (77 OPO 37) [pdf, 1.6 MB]

    ...Roberts. In explanation, the applicant advised the Court that access to his house was denied to him and his wife by the erection of the fence. With regard to the applicant's allegations concerning the signing of documents, these turned out to be forms for opening a bank account and the alleged forgery concerned two letters, one to the Opotiki District Council and the other to Transit NZ merely listing the names of the trustees. However, I do note that the implication of listing thes...