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1. Smith v Smith - Waipaoa 5A2 and other lands (2017) 64 Tairawhiti MB 270 (64 TRW 270) [pdf, 217 KB]

   ...virtue of their individual conduct and behaviour. [83] Touching on that behaviour, the allegations of whakapohane, obscene gesticulating congruent with the former, shouting abusive slogans in the presence of children, threatening phone calls and related misconduct does little to endear those concerned to the beneficiaries of the marae or to the Court. In fairness I acknowledge that these claims are without independent evidence or verification and remain as yet unproven allegati...

2. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...however we note that, at paragraph 32 of the judgment under appeal, the Judge cited to an earlier decision of this Court and noted that it had been held that statutory objectives found in the Act must be given consideration if not precedence in relation to the exercise of discretion. 10 Above n 7. 2017 Maori Appellate Court MB 102 11 There is no further reference to this within the judgment, but we do not see this as a...

3. Mark McNeilly (dated 21 April 2017) [pdf, 3.8 MB]

   ...Whilst possible to form new road within the legal road at this point it would seem to unnecessarily impact the adjoining landowners use of that land to do so. MM-005 5 Road upgrade works 18. As previously mentioned there are some relatively minor works which I understand are permitted within the legal road that are required to augment the existing road formation to enable the turbine components to be transported to the site. I set these out below. I have also ident...

4. Takarangi v Owens - Hautu 2B1B2A No 3 - (2018) 383 Aotea MB 50 (383 AOT 50) [pdf, 371 KB]

   ...Ultimately, the decision on a distribution is for the trustees to make, as the Māori Appellate Court determined in Eriwata v Trustees of Waitara SD sections 6 and 91 Land Trust:8 Trustees are empowered and indeed required to make decisions in relation to the land and they are often hard decisions. Their power and obligation to manage the land cannot be overridden by any owner or group of owners or even the Māori Land Court, so long as the trustees are acting within their terms...

5. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

   ...renovations. It is alleged that the trustees were aware that Wi was improving this homestead, that the property’s market value had increased and its life had been extended. The Tawera whānau see this is being the same as the situation that occurred in relation to the “old homestead” on Waitangi A1A2 more than 20 years ago, and that there should be provision in any new trust order for Waitangi A1A2 to recognise the improvements made by their whānau. To fail to do so, they alleg...

6. 2021-05-18 Appendix 1 to the Deemed permits and associated rights of priorities JWS file 18 May 2021 [pdf, 265 KB]

   ...Rockburn Wines Limited This is not a complete priority table for this catchment. The above priorities refer to those mining privilege water rights that could be directly affected by this Deemed Permit. 4. Also appended is a diagram of the relative locations of the permits 5. The intake shall be screened so as to prevent the ingress of small fish. The screen should have a minimum mesh size of 3mm and design characteristics (approach velocity, sweep velocity) should be cons...

7. Smith - Waipuka 2T1 (2004) 174 Napier MB 167 (174 NA 167) [pdf, 2.4 MB]

   ...instructed a solicitor in the matter. He has indicated that all correspondence should be to him, but no reply has been offered to Te Rama Smith's solicitations for support. The applicant indicated that she mailed a copy of the application and related papers to each of the owners for whom she had addresses and made personal contact with many. She is to be commended for her diligence and effort. This application is, however, as I have said, the commencement of a complete redistri...

8. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...Courtney Grenfell. These affidavits address the issues in this proceeding and attach a number of supporting documents. [41] In his latest affidavit, Mr Ford states he has reviewed all relevant files and has provided copies of all documents relating to employment or pruning issues to Mr Carlyle. While I have not granted an order for discovery, Mr Ford has sworn an affidavit confirming that, in effect, discovery has been provided.

9. Takarangi - Hautu 2B1B2A No 3 (2017) 375 Aotea MB 42 (375 AOT 42) [pdf, 371 KB]

   ...or by any rule of law or by virtue of its inherent jurisdiction) in respect of trusts generally. (2) Nothing in subsection (1) shall limit or affect the jurisdiction of the High Court. [13] The Court has extensive supervisory powers per s 237 relating to trusts.6 Section 237 provides the Court with the same powers of the High Court in respect of trusts generally. [14] Section 242 of the Act is also relevant: 242 Orders for payment of money held in trust (1) The court, on the...

10. LCRO 235/2017 B and A LT v HF (28 March 2019) [pdf, 133 KB]

    ...issue of Mr and Mrs LT’s potential breach of the Companies Act 1993 could reasonably be described as having been advanced for an improper purpose; (b) an improper purpose will arise when a lawyer makes a connection between a threat and an unrelated strategic advantage that the lawyer is trying to accomplish…there was no suggestion that Mr HF was endeavouring to gain a strategic advantage for his client; (c) referral to legislation [in the way Mr HF had done] was a common fea...