Search Results

1. Koopu - Maraenui Part 19 (2003) 276 Rotorua MB 89 (276 ROT 89) [pdf, 328 KB]

   ...the Court confirming the above, the issues for further discussion were: • Whether the access road traversing a portion of Maraenui Part 19 should be used by both Maraenui 152 and 153; • Whether the owners of both blocks should assume mutual responsibility for maintenance of the roadway; and • Whether any compensation should be paid to the owners of Maraenui Part 19. III. RELEVANT LAW Under section 316/93 the Maori Land Court has the power to layout roadways for the purpo...

2. Phillips - Tahorakauri A1 Sec 1 (Ohaki Papakainga Māori Reservation) (2003) 77 Taupō MB 267 (77 TPO 267) [pdf, 336 KB]

   ...facsimile of 24 February 2003 appeared to confirm that he was in Australia. The Court has heard nothing from him since that time. Previous evidence and submissions before this Court make it obvious that the trustees of this reservation have considerable responsibilities in the context of the complex and ongoing negotiations over the subsidence and related issues. The trustees need to be meeting regularly if they are to fulfil their duties to the beneficiaries. They need to be taking activ...

3. Pahau - Puketapu 4 (2001) 150 Gisborne MB 174 (150 GIS 174) [pdf, 342 KB]

   ...property was beyond the financial circumstances of the family. However, after questioning it seems that the land is being used for cropping and that this has been generating sufficient income to service the mortgage and meet the rates. Mrs Pahau in response noted that there was no guarantee that the cropping will continue as the land was leased year to year. Relevant Law and Findings of Fact Section 135/93 provides that: "135 Change from Maori land to General land by status ord...

4. [2017] NZEnvC 113 White v Auckland Council [pdf, 199 KB]

   ...copies of consent compliance and advice report, field notes and photographs, communication with Abel Tasman Forestry Services Limited, notes, photographs and communications; and a plan that identifies the area the abatement notice pertains to. Response received from the Council was "do not respond to emails from Caroline I need to consult legal team now as there is appeal. 5 [15] Importantly, Ms White asserts: (a) that the authorities contracted Mr Bryant to monitor the log...

5. Rua - Section 47, 49, 50, 51, 52, 172 Patetere North East Survey District (2001) 76 Ōpōtiki MB 210 (76 OPO 210) [pdf, 274 KB]

   ...Arawhata Trustees with the three sets of administrators would be enough. Therefore, the only basis upon which the Maori Land Court could refuse to appoint these two people would be upon grounds that they were not suitable candidates to undertake the responsibilities of trustees. No evidence was submitted to the Court to this effect. Accordingly, I can see no legal reason for not granting the order under section 239/93 as sought. Variation of Trust Order The Trust also seeks a variatio...

6. [2017] NZEnvC 161 Minister of Corrections v Otorohanga District Council [pdf, 1.2 MB]

   ...Andrew Robertson dated 26 September 2017 at [5]. 6 Affidavit of Andrew Robertson dated 26 September 2017 at [9]. 7 Affidavit of Andrew Robertson dated 26 September 2017 at [9]. 8 Directions issued by email to parties dated 26 September 2017. No response was received; as per the directions it is assumed there is no opposition. 5 Consideration Jurisdiction [11] The application for confidentiality orders is made pursuant to ss 42, 277 and 279 of the Resource Management Act 1991...

7. [2019] NZSSAA 12 (8 March 2019) [pdf, 130 KB]

   ...evidence the appellant said that he was a trained technician for washing machine repairs but did not know how to fix the machine he owned. He said that he would have got an approved service person if it had not been a holiday weekend. [14] In response to Ms Katona, the appellant said that his son developed scabies the day before the long weekend which he agreed was Thursday 29 March 2018, Good Friday being on 30 March. [15] Ms Katona then asked the appellant how it was that the m...

8. P v K [2019] NZIACDT 4 (5 February 2019) [pdf, 114 KB]

   ...complaint, being that the complaint would be upheld and there would be an order directing a refund of fees and disbursements amounting to $7,750. The Registrar responded on 10 January 2019 accepting that would be an appropriate outcome. There was no response on behalf of Mr K. ASSESSMENT [23] There is no evidence that Mr K’s condition has improved since the Tribunal last issued a decision on 24 September 2018. [24] As Mr K no longer has the capacity to defend or otherwise gi...

9. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...Mr Wano also accepts that an oral application was made at the commencement of a second investigation meeting on 17 May 2018 to include a claim for public holiday entitlements; he confirmed the application was declined by the Member. [5] In response, an affidavit has been placed before the Court from Ms S Dodunski, the lawyer who represented the plaintiff at all material times when the matter was before the Authority. She provided detailed evidence as to the relevant history....

10. [2019] NZEmpC 14 ESKA Ltd v Beloous [pdf, 282 KB]

    ...Auckland 335. 3 Employment Relations Act 2000, s 179(3)(b). 4 Employment Relations Act 2000, s 183. (b) ESKA Ltd has been a reluctant participant from the commencement of the proceedings in the Authority and continues to seek to avoid responsibility for its actions. (c) Ms Beloous strongly refutes any suggestion that she has acted otherwise than in good faith or that she provided false information to the Authority. (d) She is concerned that ESKA Ltd will not c...