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1. Davis - Tapuwae 1B and 4 Incorporation (2005) 102 Whangārei MB 206 (102 WH 206) [pdf, 363 KB]

   ...was held on 27 July 2004 recorded at 100 WH 1-19. The Secretary of the Incorporation, Jackie Thompson was in attendance with members of the Committee of Management. A full discussion took place on all the allegation made and Ms Thompson provided responses to those allegations. I reserved my judgment on that day. There has been no need to rush the issue of this judgment as the applicant has indicated that he no longer recognises the jurisdiction of the Maori Land Court. Request for D...

2. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...lA5B2B2 comprises some 4.3351 hectares in area. As at 2 August 2004 there were twenty beneficial owners of the L1nd holding 10.0318 shares. The COUlt'S records disclose that the Land is administered by an aIm whenua trust and that the ClllTent responsible trustees are Huaki Whare, Mackie Watson and Owen Rayner ("the Trustees"). The affidavit of Linda Watkins, a manager of the Respondent, states that on 21 December 1990 the Applicants entered into a deed ("the Deed&quo...

3. Sullivan - Pohokura 3B Trust (2007) 191 Napier MB 62 (191 NA 62) [pdf, 171 KB]

   ...utilisation ofthe land; and c) Occupation/utilisation of the houses on this land. 63 191 Napier MB 64 [9] The meeting was held on 17 May 2006. At that meeting Luke Sullivan, Te Awhina Hazel, Barbara Sullivan-Teepa and Karen Rahui were elected as responsible tlUstees. Fiona Sullivan and Waiarangi Coffey were elected as advisOlY tlUstees. Waiarangi subsequently stood down as advisory tlUstee. [10] On 19 May 2006 the Court received a letter from Hape Ngamotu objecting to the el...

4. Xu v Tian [2018] NZIACDT 49 (10 December 2018) [pdf, 105 KB]

   ...relating to client communications. While these are all important professional obligations, I accept Mr Jenkin’s classification of the offending as being at the lower end of the scale. [18] Ms Tian was prompt in admitting fault. In her first response of 15 January 2016, she accepted she had failed in the level of service provided to Ms Xu. In her affidavit of 6 December 2016, by which time she had instructed counsel, she admitted the core breaches, as found in the earlier deci...

5. Badillo-Lopez v Uber New Zealand (Strike-Out Application) [2019] NZHRRT 18 [pdf, 232 KB]

   ...Badillo-Lopez has failed to comply with a case management direction that he advise his position on jurisdiction for a period of four months. This leaves Uber New Zealand not knowing the ambit of the case against it. Mr Badillo-Lopez has made no response to the Minute concerning non-compliance with case management directions 5 that timetabled this strike-out application. Neither has he responded to the strike-out application. [25] The consistent and unexplained failure on the pa...

6. [2019] NZEnvC 045 Bunnings Limited v Queenstown Lakes District Council [pdf, 1.4 MB]

   ...incurred are entirely due to HJSL's breaches of the RMA, which were motivated by trade competition. Reply for H & J Smith Limited [6J HJSL objects to Bunnings' costs application and contests the grounds for the application. In response to Bunnings' grounds set out above, HJSL submits as follows: 3 4 (a) Repeated and direct contravention of the RMA: Bunnings is wrong in law, there was no breach in its original submission or section 274 notice. The Council fo...

7. BORA Rights of Victims of Insane Offenders Bill [pdf, 152 KB]

   ...defendant caused the act or omission forming the basis of the offence in cases where issues of insanity arise and changing the verdict of “not guilty on account of insanity” to “the acts or omissions are proven but the defendant is not criminally responsible on account of insanity”; b. giving certain victims rights to have input into future decisions about the status of persons who are detained pursuant to orders made under s 24(2) of the Criminal Procedure (Mentally Impaired P...

8. [2019] NZEnvC 011 Tararua District Council v Capital All Signs Holdings Ltd [pdf, 745 KB]

   ...remove the containers. If he had advised the Council earlier as to his willingness to do so and/or had removed the containers voluntarily there would have been no need to incur the costs of the application and the hearing. Mr Easton's response [13] As was the case with the hearing on the merits, the Respondents were not represented by counsel on the costs application. However Mr Easton filed a reply on behalf of both to the application. [14] It is difficult to coherently...

9. Dotcom v Crown Law Office (Application for Compliance Orders) [2018] NZHRRT 29 [pdf, 229 KB]

   ...when to procure information held by former Ministers. [4] Filed in support of the application is a detailed memorandum dated 26 June 2018 (27 pages) and a 71 page bundle of relevant documents. [5] Understandably the defendants have not yet filed a response. Jurisdiction [6] The immediate issue raised by the application is whether the Tribunal has jurisdiction to make the compliance orders sought. [7] Apart from the Human Rights Act 1993, s 121 (incorporated into the Privacy Act 19...

10. Carston v Kusabs - Lot 1 DPS 64109 and Lot 2 DPS 64109 (2018) 191 Waiariki MB 14 (191 WAR 14) [pdf, 278 KB]

    ...the liability of the Tumunui Lands Trust to the trustees of the Māori Reservation under application A20170006137. [16] In addition, counsel submits that it cannot be seriously argued by the Tumunui Lands Trust that it had no involvement in or responsibility for the subdivision of the block. Mr Koning also notes that the suggestion that somehow the Whaoa No 1 Lands Trust and the Māori Reservation Trust have common beneficiaries and the same chairman fails to 191 Waiariki MB 18...