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1. Trustees of the Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts v Orbell - Rowallan Block XIII Secs 1 and 5 Ahu Whenua Trusts (2015) 28 Te Waipounamu MB 37 (28 TWP 37) [pdf, 358 KB]

   ...MB 52 (2) The court may at any time, in 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). [55] In Clarke v Karaitiana the Court of Appeal stated that aside from the inherent jurisdiction of the High Court conferred on the Māori Land Court by s 237, the Court also has wide supervisory and enforcement powers under s 238. 4 The Court commented at paragraph [38] that: The...

2. Friends of Lake Hayes Society Inc - Lay evidence presented by Richard Bowman and Mike Hanff - 22 February 2022 [pdf, 1.6 MB]

   ...Urban Issues – Sedimentation at the hearing scheduled for 21 March 2022. Dated this 22nd day of February 2022 __________________________ Richard Bowman Secretary Frends of Lake Hayes Society Inc. Otago Region Water Plan Appeals - PC 8 Sedimentation Evidence presented by Friends of Lake Hayes Society Inc. for the Hearing scheduled for 21 March 2022 1. Summary Friends of Lake Hayes Society Inc. wishes to support proposed changes to the Otago Region Water...

3. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...was subsequently suspended as a result of failing to satisfy what he described as the Ministry’s request for information “which was some financial statements of [the plaintiff’s] company which were known not to exist.” His partner had appeal rights in relation to the Ministry’s suspension decision. Mr Dean refers to his partner having taken two unsuccessful cases to the Social Security Appeal Authority challenging her SLP benefit suspensions. The first statement of clai...

4. Karepa v Te Riini - The Kikorangi and Kareti Karepa Whānau Trust (2016) 138 Waiariki MB 134 (138 WAR 134) [pdf, 234 KB]

   ...failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Clarke v Karaitiana the Court of Appeal noted the extent of the Court’s jurisdiction under s 238 of the Act: 6 [36] … Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court has wide superv...

5. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...[1988] 1 NZLR 197. The legal principles identified in the Maori Appellate Court decision in re Rata - Te Rongoroa A7 (1991) 13 Aotea Appellate MB 228 are relevant to the Termination Application, even though it deals with the previous legislation. That appeal concerned the refusal by the Lower Court to terminate Te Rongoroa Farm and Forest Trust in respect of Te Rongoroa A7 and to form a trust in respect of Te Rongoroa A7 and Part A8. In that case the Appellate Court had to consider wheth...

6. [2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd [pdf, 494 KB]

   ...should reconsider her claims in their entirety. [52] Section 179(1) of the Act provides that a party who is dissatisfied with a written determination of the Authority may bring a challenge. It is well established that a right of review, including appeal, exists in respect of a consent order.2 The language of s 179(1) does not suggest a challenge could not relate to such an order. [53] Section 179(3) confirms that the party may in doing so seek a full rehearing of the entire mat...

7. Sen v Kiff [2012] NZWHT Auckland 3 [pdf, 156 KB]

   ...report was dated 24 July 2009 but the Reliant quote is more recent, dated 11 February 2011. [55] In addition Mr and Mrs Sen have claimed $20,000.00 general damages each for themselves and their daughter, a total of $60,000.00. The Court of Appeal has stated that $25,000.00 per dwelling is to be taken as a guide for awards of general damages in leaky homes cases.3 I accept Mr and Mrs Sen’s evidence that they and their daughter have suffered mentally and physically from their...

8. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...be a significant in-road into what is otherwise a matter to be negotiated freely between the parties to the bargaining. He suggested this would be wholly inconsistent with both the statutory scheme as interpreted by this Court and the Court of Appeal. In the Service & Food Workers Union case, this Court found at para 96 that the Act “contemplates one set of negotiations for the same parties initiated either by a union or unions or by an employer or employers.” Mr Cook also...

9. [2010] NZEmpC 94 Hutton & ors V Provencocadmus Ltd (In Receivership) & ors [pdf, 49 KB]

   ...their appointment, the receivers had sent them notices of immediate termination, it was held by 5 (3rd ed, Lexis Nexis, Wellington, 2008). 6 At 11.12. 7 [1998] 1 NZLR 30. the Court of Appeal that the notices were lawfully given under s 32(1)(b) and relieved the receivers of personal liability. Once a notice has been lawfully given to an employee under s 32(1)(b) within the 14 days (or any extended period ordered by the Cour...

10. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

    ...[21] When considering a strike-out application, pleaded facts, whether or not admitted, are assumed to be true.4 [22] The criteria for striking out for no reasonably arguable cause of action under r 15.1(1)(a) was summarised by the Court of Appeal in Attorney-General v Prince:5 ... It is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed ... the jurisdiction is one to be exercised spari...