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1. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...competent jurisdiction in accordance with the general law of New Zealand. Clause one of Schedule two allows the Tribunal to regulate its procedure as it sees fit. Therefore, I have the same ancillary powers afforded to other courts to regulate matters before me and have the jurisdiction to make the orders sought. The law [16] The law around the governance of litigation funding agreements is founded in the two doctrines of champerty and maintenance. They are medieval in origin and...

2. Real Estate Agents Authority v Wallace [2016] NZREADT 71 [pdf, 118 KB]

   ...my disabling health issues. I requested to have this Tribunal Hearing postponed so that I can have Legal Representation which is my legal right. This request was declined. When my Barrister is available, date and times to suit him, all of these matters will be discussed and addressed in full. Yours faithfully Janine Wallace [23] In response to that email, the Tribunal referred Ms Wallace to the relevant paragraph in Minute (2) and the Ruling, both of which set out the i...

3. Canterbury Westland Standards Committee v Hemi [2013] NZLCDT 23 [pdf, 121 KB]

   ...remorseful for his behaviour. He records that his “professional and family life has been turned completely upside down.” Naturally as the principal breadwinner for his young family the impact on them has been acute. That is not to say that such matters outweigh the seriousness of the offending, but the subsequent harm suffered is part of the overall picture. The practitioner records that he will be unable to be a legal aid provider for five years following any suspension or...

4. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   ...concerning the fish pass, it was far too late for the Respondent or the Applicant to save any costs responding to the appeal on that consent. It is acknowledged that the Respondent largely relied on the Applicant's witness in relation to fish pass matters.7 [13] The Respondent concluded by noting that its decision at first instance was thoroughly reasoned and upheld on similar grounds. The Respondent noted that the Respondent's costs submissions, para [6](a). 6 only...

5. MacFarlane v Trustees of the K & T MacFarlane Whanau Trust [2014] Chief Judge’s MB 127 (2014 CJ 127) [pdf, 148 KB]

   IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20100012361 2014 Chief Judge's MB 127 2014 CJ 127 UNDER Section 45 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF K & T MacFarlane Whānau Trust and succession orders made at 181 Napier MB 148- 150 and at 181 Napier MB 151-152 dated 4 August 2005 BETWEEN Cara Verena MacFarlane Applicant AND Trustees of the K & T MacFarland Whanau Trust Respondent Judg...

6. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...have raised my concerns from what I have read in the minutes as to whether he would be a proper person to hold the role as a trustee. In light of what I take to be assertions in relation to the status of the land as being customary land and other matters contained in the AGM, they suggest that he may have an inherent conflict in carrying out his obligations as a trustee as dictated by the Act and by the trust order. I can’t make a decision on that today and so, what I am going to...

7. Kiriona - Estate of Hiromina Ratima Pakai [2017] Chief Judge's MB 35 (2017 CJ 35) [pdf, 220 KB]

   2017 Chief Judge’s MB 35 IN THE MĀORI LAND COURT OF NEW ZEALAND TAKITIMU DISTRICT A20100005395 CJ 2010/14 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hiromina Ratima Pakai or Hiromina Mabel Renata (Deceased) WIKITORIA KIRIONA Applicant Judgment: 02 February 2017 DECISION OF CHIEF JUDGE W W ISAAC 2017 Chief Judge’s MB 36 Introduction...

8. Template-Comprehensive-Whanau-Trust-Order-Final-Version-30-June-2020.doc [doc, 101 KB]

   ...other Trustees at all times throughout the meeting. 10.7 The Trustees must keep minutes of all of their meetings. Meeting procedure 10.8 Except as set out in this Chapter 4, the Trustees may regulate meeting procedure as they think fit. 11. Financial matters Control of funds 11.1 All monies received by or on behalf of the Trust must be paid to the credit of the Trust’s bank account. All payments from the Trust’s back account must be approved by a majority of the Trustees. All withdrawa...

9. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...by Mr QU to support his contention that his interests were significantly compromised, but rather to address in general terms the thrust of his concerns. This is not to indicate that I have not considered each of the issues raised by Mr QU. All matters raised have been considered. [38] I do not consider that his position was likely compromised by the fact that the Committee decisions were forwarded to the Court. [39] The Committee decisions were apparently attached to a memorandu...

10. KH v ED [2018] NZDT 1434 (20 September 2018) [pdf, 248 KB]

    ...“property” is KH’s trees. b. Under the Property Law Act 2007, a person may apply to the District Court for the trimming or removal of a tree. The District Court may make and order accordingly under s 333 of that Act if the Court is satisfied as to the matters set out in s335 of that Act. Therefore, if a person takes it into his or her own hands to remove or trim trees on someone else’s land without an order of the District Court, he/she may find that a claim is made in the Tribu...