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1. Manning - Kirikiri Pawhaoa B2A1 (2010) 5 Taitokerau MB 234 (5 TTK 234) [pdf, 56 KB]

   ...pointed out, ss 108(1), (2), (4) and (6), 146 and 147 make it clear that an owner of Maori freehold land can only leave those interests by will to persons within the classes identified and otherwise that there is no ability to sell the land while it forms part of a testamentary estate. The prohibition against sale applies equally to the will maker, the trustees and the beneficiaries. [35] I reject Mr Barker’s argument, as articulated in the High Court and as repeated by Mr Peters...

2. Short - The Pukeroa Oruawhata Ahu Whenua Trust (2010) 5 Waiariki MB 297 (5 WAR 297) [pdf, 154 KB]

   ...Group for the year ending 31 March 2009 indicates a net equity of $77,992,897.00, operating revenue of $9,548,023.00 and a net tax paid surplus of $782,753.00. There is no doubt that since the inception of the Trust in 1980, the trustees have transformed a debt laden group of properties into a significant commercial enterprise. [18] Having said that the Court has a number of misgivings about this part of the application. [19] As a starting point the Court notes that the trustees...

3. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...and Ken Brown acting as his representatives under the “authority” of the organisation known as “Maunga Hikurangi Koporeihana Māori”. Several documents and affidavits had been filed with the Court on behalf of Mr Manihera. Mr Meo Brown requested an adjournment for Mr Manihera to fully respond to the affidavits filed by the trust and other proceedings filed in the High Court to enforce the interim injunction. During the hearing Mr Manihera said he was not prepared to abide b...

4. Casas v Navarette-Scholes [2016] NZIACDT 33 (28 June 2016) [pdf, 112 KB]

   ...the jurisdiction where she provided services. [33.2] I am not satisfied that Ms Navarette-Scholes was required to travel in this case. Other licensed immigration advisers will routinely provide services of this kind from New Zealand using other forms of communication. [33.3] There is no evidence that costs of professional services in the Philippines are higher than New Zealand. [33.4] At the very least, Ms Navarette-Scholes had to disclose the split between Ms Pizarras and herself in...

5. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...concern regarding consumer protection, at issue in this complaint”; it appears to be the most appropriate mechanism for determining the issue. [5] In these circumstances, the Tribunal orders that: [5.1] The Adviser’s name and any identifying information will not be published. [5.2] This decision is fully reasoned and will be published, so the Registrar and the profession have the Tribunal’s determination on the issue. [5.3] In terms of the formal disposition of this matter the T...

6. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

   ...AND Waitangi Tribunal kaupapa inquiries MEMORANDUM OF THE CHAIRPERSON CONCERNING THE KAUPAPA INQUIRY PROGRAMME 1 April 2015 Kaupapa inquiry programme, 1 April 2015 Tena koutou katoa Introduction 1. The purpose of this memorandum is to inform all claimants and the Crown of the Waitangi Tribunal's new kaupapa (thematic) inquiry programme concerning nationally significant claims affecting Maori and to outline a general framework for the programme. It sets out, in particular:...

7. Waitangi Tribunal - issue 46 of Te Manutukutuku [pdf, 2.9 MB]

   ...Director Fractionated Claims A s the demand for the resolutiou of claims through Treaty settlements increases, so too will the pressure on the Tribunal process increase. We have already seen an attempt to curtail the Tribunal process in the form of a Bill that proposes to stop the registration -of new c1aims and set a fi xed date for the completion of all claims. Although that draft Bill is unlikely to progress at this time, the pressure behind it will remain. Morris Love...

8. JO v QP LCRO 18 / 2011 (27 August 2012) [pdf, 118 KB]

   ...the agreement was declared unconditional. On QN’s advice that it was likely the Council would succeed with this submission, JO settled his claim for a sum significantly less than the costs incurred in repairing the unit. [10] He subsequently formed the view that he had made a mistake in settling and blamed QN for that. He sued QN for negligence. [11] QP was called as a witness for JO. In his evidence QP produced two typewritten file notes dated 3 and 4 February 2003. The fil...

9. SC v MQ LCRO 240 / 2011 (23 October 2012) [pdf, 93 KB]

   ...would seem that they were somewhat frustrated by what they considered to be general tardiness on MQ’s behalf in dealing with their affairs. Understandably, SD and SC needed their problems to be dealt with urgently. In some cases, I have noted requests from them to reply urgently on the same day. If any criticism of MQ is to be offered, it would seem that he may have failed to empathise with his clients and appreciate the pressure that they were under. Any delay to clients in t...

10. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 390 KB]

    ...electronic alert is triggered that notifies the Police at the airport. After the Police intercept the person, the Ministry is phoned using a dedicated line to confirm that the arrest warrant is still valid and the amount of fines owed. Payment is then requested. If the person pays, they can continue with their travel. Most people pay at this point. 18. If the person cannot pay, the Police can either allow them to travel or can arrest them and bail them to appear in court at the next...