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1. Chambers - Akuaku A11B (2017) 44 Te Waipounamu MB 135 (44 TWP 135) [pdf, 192 KB]

   ...the lack of opposition to the proposed transfer is the fact which ought to carry the most 1 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512). 2 At [49]. 3 At [55]. 4 Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271) at [16]. 5 Matthews v Matthews – Estate of Graham Ngahina Matthews, above n 1, at [89]. http://www.legislation.g...

2. BORA Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill [pdf, 227 KB]

   ...incorporation's affairs and appoint some person or persons to hold office as an additional member or additional members of the committee of management. 36. In both the Maori Trust Boards Act and the Te Ture Whenua Act, there is an avenue for appeal and reinstatement for any person removed due to a personal order that does not affect their ability to deal with property. In addition, the PPPRA provides for a reference to the Maori Land Court where it appears that an application for the...

3. Paerata v George -Tuaropaki A (Mokai Marae) (2022) 284 Waiariki MB 76 (234 WAR 76) [pdf, 233 KB]

   ...that the house belongs to the Mokai Marae Trust. 12 Tihi v Nuku — Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38 and 79 and Ruatoki C Sections 11, 12, 15, 17, 18B2, 21, 22B, 23 (Aggregated) [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25]. 13 Tihi v Nuku at [25]. 284 Waiariki MB 82 I whakapuaki i te 10:00am i Rotorua, te tuawha o ngā rā o Noema i te tau 2022. C T Coxhead JUDGE

4. Wellington Standards Committee v Logan [2012] NZLCDT 38 [pdf, 210 KB]

   ...conduct matters being dealt with under LPA post 1 August 2008, notwithstanding its repeal, is contained in s 353 LCA. That section provides a scheme for the completion of proceedings in relation to all investigations, inquiries, applications, appeals, and other proceedings of a disciplinary nature already commenced prior to the coming into force of LCA on 1 August 2008. Such matters are to be continued and completed “as if the Law Practitioners Act 1982 had not been repealed”....

5. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...[46] The developer of a residential property owes a non- delegable duty of care to an intended homeowner to ensure the construction of a structurally sound house. The starting point for analysis of the scope of a duty of care is the Court of Appeal decision Mount Albert Borough Council v Johnson,2 where it was held at page [241]: “We would hold that it is a duty to see that proper care and skill are exercised in the building of the houses and that it cannot be avoided by...

6. Powell v Savage - Lot 7A Parish of Matata (Oniao Marae) (2020) 246 Waiariki MB 265 (246 WAR 265) [pdf, 210 KB]

   ...an election can occur. As I indicated at the hearing, any of the current responsible trustees may wish to stand for re-election. Provision should also be made for voting by both show of hands and ballot if requested. Moreover, as the Court of Appeal confirmed in Clarke v Karaitiana this Court should fashion election processes that facilitate the widest possible participation by trust beneficiaries.9 [22] In addition, any proposed changes to the marae charter should be properly sp...

7. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [18] The leading authorities on the issues of conflicts of interest are the decisions Naera v Fenwick in the Court of Appeal and the Supreme Court judgment Fenwick v Naera.3 Those decisions are authority for the proposition that a trustee must bring a mind unclouded by external or personal considerations when making decisions as a trustee. Put another way, a...

8. [2018] NZEmpC 116 Hollinshead v Davey [pdf, 237 KB]

   ...Court will, where relevant, consider:8 (a) the reason for the omission to bring the case within time; (b) the length of the delay; 5 At [64]. 6 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91; An Employee v An Employer [2007] ERNZ 295 (EmpC) at [9]. 7 Almond v Read [2017] NZSC 80 at [37]. 8 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 (EmpC) at [8]. (c) any prej...

9. MVDT Annual Report 2012-2013 (Auckland) [pdf, 220 KB]

   ...misrepresented it to them. The Tribunal ordered Mr Taylor to pay the Tuanuis the purchase price of the vehicle and their costs of getting it to the Chatham Islands as well as the costs of their attending the hearing; a total of $24,961.64. Mr Taylor has appealed against the Tribunal’s decision claiming he did not sell the vehicle to the Tuanuis. (b) A case where an old high mileage car was supplied to purchaser on a long term unmaintained lease The case of Shontelle Crosby v...

10. Notes from Crown Maori Relations hui Waikato 28 April 2018 [pdf, 439 KB]

    ...was also a request for the establishment of a commission of inquiry to review local government and resourcing for Māori participation in all local government processes (e.g., Resource Management Act and Local Government Act). A couple of speakers appealed for the information gleaned through these hui to be transmitted to local government so they understand the need for change and the context. • Treaty Settlements – A couple of speakers indicate it was important to develop new pro...