Search Results

1. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...grandchildren of the deceased as determined by the High Court. [42] Given my findings above it is not necessary to address the claims concerning Ms Rowe’s paternity. Decision [43] The Trustees of the estate of the late David Charteris requested that the Court amend the application so that David Charteris’ grandchildren as determined by the High Court, succeeded to his Māori land interest. [44] While it appears that prior to the High Court orders of 12 October 2012 it wa...

2. Jeuken v The Real Estate Agents Authority (CAC 403) & van Schreven [2018] NZREADT 5 [pdf, 250 KB]

   ...NZCA 1, at [36]. [10] Mr Jeuken signed the agreement for sale and purchase of the property on 11 January 2016. As noted earlier, the vendor had bought it from the original developer but had not built on it. The Tribunal understands that it formed part of the garden of the vendor’s property. In July 2016 Mr Jeuken engaged G J Gardner to build a house on the property. He contacted Ms van Schreven shortly thereafter to ask about the sewer lateral. Ms van Schreven in turn conta...

3. LCDT - 2017 annual report [pdf, 392 KB]

   ...training 1 Other 1 Other outcomes Appeal against refusal to issue practising certificate: 1 allowed Application to practice on own account: 1 dismissed Application for interim suspension of practitioner: 1 declined Charges withdrawn at request of the Standards Committee: 1 case Charges permanently stayed: 1 case * *Due to practitioner’s ill-health and consequent inability to instruct counsel Suppression Normally, suppression of complainant’s names...

4. White v Potroz - Mohakatino Parininihi No 1C West 3A2 [2017] Māori Appellate Court MB 450 (2017 APPEAL 450) [pdf, 570 KB]

   ...action in April 1943 in Tunisia. Then on 17 January 1945 succession orders were issued in relation to his estate which included 1C West 3A2. [18] Many years later on 9 February 1968 a certificate of title TNB1/1352 was issued cancelling the former title TN78/274. The title contained Lots 8 and 9 on Deposited Plan 3569 and Part Mohakatino Parininihi 1C West 3A. The original registered proprietor was the Māori Trustee. [19] For the next twenty years it appeared that there was li...

5. Hiroti - Estate of Bridget Hiroti [2016] 2016 Chief Judges MB 799 (2016 CJ 799) [pdf, 233 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [11] The applicant has requested that the Chief Judge amend the order that is the subject of this application. The burden of proof is on the applicant to prove the existence of the alleged mistake or omission either by the Court or in the presentation of...

6. Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (2016) 143 Taitokerau MB 159 (143 TTK 159) [pdf, 219 KB]

   ...Review Authority in the High Court in regards to tikanga Māori.” 7 He argues that MHK has the right as a Māori incorporation to invoke the Māori Land Court’s jurisdiction to restrain the Commissioner on the basis that Māori customary law forms part of New Zealand’s common law and may be taken into account and enforced in the ordinary courts. [32] Further, Mr Ruwhiu states that ss 236 and 238 of the Act are applicable as they apply “to every trust over any Māori land w...

7. Jones v Accident Compensation [2016] NZACA 06 [pdf, 144 KB]

   ...presumably missing. [11] Mr Jones again sought ERC in about May 1992 and it was declined on 23 February 1993. It is not known whether any review was sought. Again, the decision appears to be missing. [12] On an unknown date, Mr Jones once more requested ERC, this time being an application for ERC backdated to the accident on 5 January 1988. The claim document is no longer available. This is the claim which is the subject of the current application to the Authority. Ba...

8. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...(a) any deduction made (otherwise than pursuant to section 6) by that employer from wages that have been paid, or but for that deduction would have been paid, by that employer to that worker, if— (i) that deduction was not consented to, or requested by, that worker in writing; … [14] Section 11(2) and (3) provide for relevant time limits and are not relevant in this case. [15] The reference in s 11(1) to “an action in the Employment Relations Authority” is a re...

9. BORA Patents Bill [pdf, 317 KB]

   ...Bill will replace the Patents Act 1953. BILL OF RIGHTS ACT ISSUES Section 14 – Freedom of Expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. [2] 6. We note, taking into account the various domestic an...

10. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

    ...payment by Mr Khan. (b) On 22 July 2003, just before trial, Mr Narayan told an investigating officer that he had been approached by the appellant. This was taken to mean that he had been approached to change his evidence against Mr Khan. At the request of the Police and on the advice of the Director of Public Prosecutions, Mr Narayan agreed to meet with the appellant again with a (presumably concealed) recording device. (c) Mr Narayan met with the appellant on 23 July 2003. The...