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1. Rautangata v Rautangata - Opuatia No 6D No 2D Block (2011) 27 Waikato Maniapoto MB 252 (27 WMN 252) [pdf, 137 KB]

   ...BETWEEN AMELIA RAUTANGATA Applicant AND KENNETH RAUTANGATA AND OTHERS Respondents Hearing: 8 April 2011 (Heard at Hamilton) Appearances: Mr S Hartnett, Counsel for the Applicant Mr P Jefferies, Counsel for the Respondents Judgment: 15 September 2011 PRELIMINARY DETERMINATION OF JUDGE S TE A MILROY Copy to Counsel: Mr S Hartnett, Koning Webster, P O Box 13309 Tauranga 3141, sam@kwlaw.co.nz Mr P Jefferies, O’S...

2. Perigo v Patel - Waerea me Winiata Whanau Trust [2011] Māori Appellate Court MB 41 (2011 APPEAL 41) [pdf, 186 KB]

   ...Trust BETWEEN MARIA PERIGO Appellant AND JOHANNE PATEL Respondent (Heard at Whanganui) Court: Deputy Chief Judge C L Fox Judge S Te A Milroy Judge S R Clark Appearances: Mr John Chadwick for the appellant Judgment: 8 February 2011 ORAL JUDGMENT OF THE MAORI APPELLATE COURT Introduction [1] This is an appeal against orders made by His Honour Judge Harvey in the Māori Land Court dated 14 September 2010 at 257 Aotea MB 141, under sections...

3. Chief Executive of the Ministry for Culture and Heritage - Taonga Tūturu found at Cook's Cove, Tolaga Bay (2017) 71 Tairāwhiti MB 267 (71 TRW 267) [pdf, 276 KB]

   ...Tairawhiti MB 134 1 March 2017, 66 Tairawhiti MB 73-79 (Heard at Gisborne) Appearances: N Watters for the applicant T Marino for Te Aitanga-a-Hauiti Iwi Incorporated M Tangohau for Prorietors of Hauiti Incorporation and Hauiti Marae Judgment: 13 November 2017 JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Copies to: Ministry for Culture and Heritage, PO BOX 5364, Wellington 6145 freya.dean@mch.govt.nz mailto:freya.dean@mch.govt.nz 71 Tairawhi...

4. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...Respondent Hearing: 5 April 2019 (Heard at Wellington) Appearances: Mr J O’Connor for the Applicant Ms B Te Huia-Ellison for the Respondent Mr P Harman for Doug Lowe, interested party Mr P and Mrs M Potaka, interested party Judgment: 10 April 2019 JUDGMENT OF JUDGE D H STONE Copies to: Paul Harman, paulharman@xtra.co.nz, 346 Marine Parade, Wairoa mailto:paulharman@xtra.co.nz 75 Tākitimu M...

5. Cameron - Lot 1 Deposited Plan 15331 (part claim 61) (2019) 54 Te Waipounamu MB 130 (54 TWP 130) [pdf, 320 KB]

   ...(part Claim 61) and Lot 2 Deposited Plan 15331 (part Claim 61) BY LAWRENCE THOMAS CAMERON Applicant Hearing: 27 July 2018, 53 Te Waipounamu MB 31-48 27 July 2017, 46 Te Waipounamu MB 118-126 (Heard at Invercargill) Judgment: 15 April 2019 JUDGMENT OF JUDGE S F REEVES 54 Te Waipounamu MB 131 Introduction [1] This decision concerns applications for replacement and appointment of trustees on th...

6. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [27] More recently, the High Court has described a review by this Office in the following way:7 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determina...

7. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...Applicant AND PATRICK TE MOANA AND CONALIA TE MOANA Respondents Hearing: 17 December 2018, 394 Aotea MB 284-292 (Heard at Taumarunui) Appearances: Frances Hallett and Gabrielle Alex in person Patrick Te Moana in person Judgment: 12 April 2019 INTERIM JUDGMENT OF JUDGE L R HARVEY Introduction [1] Frances Hallett says she is the de facto partner of the late Sheryl Te Moana and is therefore entitled to a life interest in the deceased’s Māori land intere...

8. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [pdf, 133 KB]

   ...On 4 July 2017, Mr Zhao advised that he was appealing an adverse decision by the Court in respect of a strike-out application brought by him. He requested that in the meantime, the review proceed. [34] Mr Zhao provided a copy of the High Court judgment15 on 12 December 2017. [35] I then sought advice16 from Mr Zhao as to whether or not he intended to challenge some or all of the comments made by Venning J in his judgment. [36] In March 2018 Mr Zhao advised that he was still conside...

9. Bamber - Tahorakuri A No.1 Sec 33A2 (2021) 259 Wairiki MB 274 (259 WAR 274) [pdf, 300 KB]

   ...OF THE TRUSTEES OF TAHORAKURI A NO.1 SECTION 33A2 AHU WHENUA TRUST Te Kaitono Applicant Nohoanga: Hearing 12 December 2019, 228 Waiariki MB 112-136 12 November 2020, 244 Waiariki MB 12-30 (Heard at Rotorua) Whakataunga: Judgment date 10 August 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ C T COXHEAD Judgment of Judge C T Coxhead 259 Waiariki MB 275 Hei tīmatanga kōrero Introduction [1] Unfortunately, the...

10. [2023] NZEnvC 038 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 318 KB]

    ...the Poutama appeal that the Poutama Trust did not fall into any of the above categories in relation to site Q18/77 or in relation to the area in which the pipe removal works would be carried out. First Gas noted the following passage from the judgment:9 … The [Environment] Court was entitled to find that, as Poutama does not have a proprietorial interest in the land, and are not tangata whenua, that they were not directly affected by the grant of the Authority. First Gas argue...