Search Results

1. Karena v Te Koau A Trust - Te Koau A (2017) 61 Takitimu MB 25 (61 TKT 25) [pdf, 372 KB]

   ...receive notice of the 9 December 2016 judgment. He then took steps to seek legal advice. Against the legal advice received Mr Karena sought to appeal the judgment. As is evident above there were delays in advancing the appeal proceedings, the responsibility which I lay in large part with Mr Karena. I am not convinced that Mr Karena did not receive a copy of the correspondence dated 16 March 2017. However, in any event, when he did receive a further 61 Tākitimu MB 31 cop...

2. Rika v Williams - Torere Section 33 (2018) 189 Waiariki MB 139 (189 WAR 139) [pdf, 302 KB]

   ...individual or body to be a trustee of any trust constituted under this Part unless it is satisfied that the proposed appointee consents to the appointment. (4) Subject to subsection (5), the court may appoint any such individual or body as a responsible trustee, or an advisory trustee, or a custodian trustee. (5) For every trust constituted under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian...

3. Justice Matters - issue 10 - March 2018 [pdf, 3.3 MB]

   ...country. At the opening, Justice Minister Andrew Little said ‘The Rangatahi Court will deliver greater access to justice for young Māori by including the support of the immediate whanau, kuia and kaumātua. With their support, young Māori can take responsibility, while standing here at the Terenga Paraoa Marae in front of their whānau, and work at how they can put things right.’ The success of Rangatahi Courts is built on the commitment and participation of the local marae com...

4. [2018] NZEmpC 48 Bayliss v Solar Bright Ltd [pdf, 297 KB]

   ...from the CDHB. Mr Bayliss again advises he had moved on from Solar Bright and wants to chat and needs a cell phone number. CDHB is another organisation who uses an engineer that specifies Bright Light products in their designs. There was no response to Mr Bayliss’s email. This was, I find, in all likelihood an attempt to canvas or interfere but there is no evidence that any damage could flow as a result because the email was not responded to. [112] There was contact by Mr B...

5. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...general lack of transparency on the part of Mrs Burns; b) the capacity of Maurice Hikana Nutira when he made his will; c) the loan from Maria Karetai to the trust; and d) the lack of development on the Ōnuku land. Submissions of the trustees in response [15] The trustees submit that issues relating to the estates of Rangi Marie Karetai and Maurice Hikana Nutira and previous matters raised in the Family Court in relation to those estates are outside the scope of the present reveiw...

6. E45 Glen Wright - Lighting - EIC - Council [pdf, 764 KB]

   ...brief overview of the assessment of the lighting aspects of the Application contained in my Report (Assessment of the Application); (c) An overview of the outcome of expert witness conferencing, referring to the JWS where appropriate, and a brief response to the Applicant’s evidence (Update Following Expert Witness Conferencing / Response to Applicant’s Evidence); (d) Comments on proposed conditions (Conditions); and (e) Conclusions. 6. EXECUTIVE SUMMARY 6.1 I have ass...

7. E72 Ngarimu Blair - EIC - Ngāti Whātua Orākei [pdf, 969 KB]

   ...relationship to the waterfront and outstanding Treaty claims to be addressed. Despite not receiving any satisfactory form of redress, Ngāti Whātua Orākei continued to undertake its role as kaitiaki and importantly prepare for the manakitanga or host responsibilities that were to come. Our Kuia advised on the urban design proposals which for example are represented in the Patiki (Flounder) weave pattern so strongly visible in the paving throughout the Viaduct. The Patiki is a symbol...

8. Seymour v Paenoa Te Akau Trust - Paenoa Te Akau (Balance) Block (2016) 139 Waiariki MB 113 (139 WAR 113) [pdf, 214 KB]

   ...the original whānau partitions (in line with the former Rangatira blocks) was raised. She says that at the meeting it was resolved that those owners who wanted to partition could do so. It was further agreed she says that each whānau would be responsible for their “own” block. Mrs Chase- Seymour considered those minutes sufficient evidence of consent and consultation. [26] The trustees submit that the original intention of that meeting was to enable whānau to partition out h...

9. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...important, given the purpose of the offence provisions in the Bill. 25. Turning to the issue of proportionality, we have formed the view that a requirement to compel a suspect to provide information about their alleged offending is not a proportionate response to the policy objective. We also note that the requirement in clause 12 to provide information about other people connected with the alleged offence is a highly unusual statutory provision, as the general corpus of criminal law does...

10. Stowers v Short -Tumu Kaituna 14 (2021) 251 Waiariki MB 144 (251 WAR 144) [pdf, 243 KB]

    ...respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [6] The duties of trustees are set out in the Act as follows:3 223 General functions of responsible trustees 1 247 Waiariki MB 92-123 (247 WAR 92-123). 2 Te Ture Whenua Māori Act 1993, s 238. 3 Te Ture Whenua Māori Act 1993, s 223. 251 Waiariki MB 146 Every person who is appointed as a responsible trustee of a tr...