Search Results

1. Chase-Seymour - Paenoa Te Akau (2015) 114 Waiariki MB 195 (114 WAR 195) [pdf, 209 KB]

   ...December 2012 I made conditional orders for partition of the blocks. These orders being conditional upon surveyed plans being filed with the Court within six months. 9 A further extension was granted on 26 April 2013. 10 [10] An update was requested from the parties on 26 March 2013. The Ngahuia Ripeka Whānau Trust and the Rangitopeora Whānau Trust advised that issues had arisen as between the Whānau Trusts, concerning the internal partition of their block (8A10E). There w...

2. Recording Industry Association of New Zealand v Telecom NZ 3553 [2013] NZCOP 6 [pdf, 44 KB]

   ...alleged infringements identified in the enforcement notice RIANZ seeks to enforce; 2 • a statement of the amount ($1,627.55) that RIANZ is seeking from the account holder; and • the prescribed fee. [7] Following receipt of that information the Tribunal ordered Telecom New Zealand, the relevant internet protocol address provider (IPAP) to produce to the Tribunal the names and contact details of the account holder and copies of the detection warning notices sent to that...

3. [2013] NZEmpC 54 Checkmate Precision Cutting Tools Ltd v Tomo [pdf, 85 KB]

   ...further meeting took place on 6 April 2010. Messrs Tomo, Austin, Quin and Kiff were in attendance. At the meeting Mr Austin tabled a letter advising that Mr Tomo took issue with the company’s perspective of his terms of employment and detailing requested information which, it was said, was relevant to the issue of consultation and whether it had been adequate. [7] It is apparent that the 6 April 2010 meeting had two phases. Mr Quin’s evidence was that following an adjournment...

4. Tatere II - Mangatainoka No 1 BC No 2C and others (2012) 15 Takitimu MB 4 (15 TKT 4) [pdf, 116 KB]

   ...some needed further time to consider their positions. [44] As a result, I reserved my decision and granted parties the opportunity to file further submissions. [45] As at the date of the telephone conference of 20 March 2012, when the parties requested a decision as to the variation, the only beneficiaries seeking the variation were the Tatere children. The other beneficiaries, being the Edwards whānau, TATB and the Parish, did not consent. [46] It is clear therefore that the maj...

5. Morrison v Maxwell JR - Arataua 5A (2012) 61 Waiariki MB 3 (61 WAR 3) [pdf, 129 KB]

   ...or] as tenants in common in equal shares, if the parties or either of the parties to the marriage is a Maori or the descendant of a Maori. (3) Where the Court has made an order under this section or under the corresponding provisions of any former Act and within five years after the date of the order or after the commencement of this Act, whichever is the later, it is shown to the satisfaction of the Court that the land has not been used as a site for a dwelling, the Court may, w...

6. Karaitiana v Carroll – Matahiwi No 4B, Waipuka 2R Sec 3 and Waipuka 3A3A (2014) 29 Takitimu MB 214 (29 TKT 214) [pdf, 205 KB]

   ...[1] Florence Karaitiana has applied to create an ahu whenua trust over Matahiwi No 4B Waipuka 2R Sec 3 and Waipuka 3A3A. The applicant claims that there are pressing and urgent management issues concerning the use of the blocks that requires a formal administrative structure to be established. Ms Karaitiana says that the owners who participated in a meeting of owners held on 28 June 2013 support the proposal to create an ahu whenua trust, which will facilitate the utilisation and d...

7. Toa - Arahaunui 1A1 (2011) 267 Aotea MB 119 (267 AOT 119) [pdf, 138 KB]

   ...estate, or interest any such land or in the proceeds of the alienation of any such right, title, estate or interest.” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction under the above p...

8. ENVC Hearing 27Jul15 WML suppl evidence Mark Poynter [pdf, 681 KB]

   1 WML Poynter Ecology Evidence Final v 1.0 22062015 Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Supplementary Evidence of Mark Raymond Poynter on behalf of Waiheke Marinas Ltd Dated 22 June 20...

9. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...fi'olll David Popata to Mr and Mrs Shepherd has not been registered against the LINZ title (NA56B/644). Consequently, although the C01ll1 records disclose that the land was sold to Mr and Mrs Shepherd in 1972, the LINZ title continues to show 18 former Maori owners of the land (prior to David Popata's ownership) to be the registered proprietors. l [3] Mr and Mrs Shepherd have therefore applied to this Court for orders recognising their ownership of the land. Waaka Popata a...

10. Fapiano v Tarau (2013) 24 Takitimu MB 46 (24 TKT 46) [pdf, 198 KB]

    ...concerning the Homestead block are also considered. Procedural history [6] On 2 December 2010 the application for succession was heard before Judge Coxhead. 2 The proceedings were adjourned until March 2011 in order that Mr Tarau could present information setting out his grounds of objection. [7] On 3 March 2011 Judge Coxhead heard from the applicant and her mother Kahu Māori Pene who confirmed their whakapapa relationship to the deceased through her father.3 An issue arose as t...