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1. Kemp v Kemp - Margaret Marata Kemp [2010] 2010 Maori Appellate Court MB 7 (2010 APPEAL 7) [pdf, 70 KB]

   ...doesn’t it? ... [8] Three of the four trustees appearing before Acting Chief Judge Isaac agreed that the Trust should pay for the headstone and having considered the parties’ views the learned judge then made the orders for payment. The Law [9] Section 242 of Te Ture Whenua Māori Act 1993 (TTWMA) states: 242 Orders for payment of money held in trust (1) The Court, on the application of any person interested or of its own motion, may order that any money held in trust for...

2. [2020] NZEmpC 80 Smartlift Systems Ltd v Armstrong & Anor [pdf, 216 KB]

   ...[2] Mr Armstrong and Mr Haika both claimed that SSL unjustifiably dismissed them as a result of the restructuring process which was undertaken. The Authority found that the restructure was substantively justified, but there were procedural flaws. It also considered issues relating to an alleged failure on the part of the employer to keep a copy of Mr Haika’s signed employment agreement. The Authority determined:2 a) The company had unjustifiably dismissed both Mr Armstrong

3. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [pdf, 24 KB]

   ...went into liquidation? (d) Did ZI provide his service with reasonable care and skill, that is, did he meet the statutory guarantees provided for in the Consumer Guarantees Act 1993? (e) What remedies, if any, are available to AR? Law and Decision Who were the contracting parties? [7] I find that the parties to the contract were AR and ZI. ZI argues both that it was ZIZ Ltd that was a party to the contract and also that the contract was formed solely with the applic...

4. CL v TU [2024] NZDT 82 (1 February 2024) [pdf, 101 KB]

   ...liable for the debts of the company, even in the case, such as here, where the company is “closely held” in the sense that there is only one director and shareholder. Protection of directors and shareholders is one of the key purposes of company law, it is intended to encourage innovation and risk taking. 15. The threshold required to “lift the corporate veil”, and make a director liable for a company’s debts, is a high one for this reason. Directors may have liability in to...

5. [2016] NZSSAA 059 (16 June 2016) [pdf, 36 KB]

   ...appellant did anything different or changed her position as a result of receiving the letter. (iv) The Chief Executive of the Ministry of Social Development has an obligation under the Public Finance Act 1989 to make only payments authorised by law and under the State Sector Act 1988 for the economic and efficient running of the Ministry. (v) The explanation given by the Ministry for the sending of the letter on 1 December is that an officer accidentally ticked an incorrect box whic...

6. Walker-Grace - Lot 5 Allotment 54 Parish of Matakohe (2020) 214 Taitokerau MB 211 (214 TTK 211) [pdf, 148 KB]

   ...Application A20150003859 was also dismissed upon consent from Mr Curtis. [4] On 17 September 2019, Ms Walker-Grace applied for a rehearing on the following grounds: (a) That she arrived late to Court due to unforeseen circumstances; and (b) Her lawyer, Siaosi Loa of Tamaki Legal, did not receive notice of the Court hearing. [5] The application for rehearing was set down for 5 December 2019. At the hearing Ms Walker-Grace confirmed that she was only seeking a rehearing for...

7. Martin - Lot 2 Deposited Plan South Auckland 26130 (2013) 59 Waikato-Maniapoto MB 154 (59 WMN 154) [pdf, 135 KB]

   ...that retaining the status as Māori freehold land is of little benefit in terms of promoting the s 17 objectives of TTWMA; d) The market value of the block as Māori freehold land is less than what it would be worth if it was general land. The law [17] The relevant sections of TTWMA are ss 135 and 136. They read as follows: 135 Change from Maori land to General land by status order (1) The Maori Land Court shall have jurisdiction to make, in accordance with section 136 or sectio...

8. Paul v Trustees of Ruawahia 2B – Ruawahia 2B (2013) 79 Waiariki MB 108 (79 WAR 108) [pdf, 70 KB]

   ...calculation. Calculated on that basis the respondent seeks $7, 362.50 in respect of the injunction proceeding and $10, 927.50 in respect of the review application. [4] Mr Harman for the applicant submits that costs should lie where they fall. The Law [5] The principles to be applied are not in issue. They are summarised at paragraphs 8- 14 of Samuels v Matauri X Incorporation1. For convenience I set them out in full. [8] Section 79(1) of the Act provides as follows: 79 Orders...

9. II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]

   ...materials, and the Applicants did not. 7. After hearing all the evidence, I agree with the Applicants. There is no evidence that they had agreed to proceed. The preliminary contract was the only contract that existed between the parties under the law. The Applicants had explicitly told FX that they would not be proceeding before the consents had been issued and their finance had been approved. FX could not reasonably have believed that he was authorised to go out and buy materials to pr...

10. Williams - Matapouri 45 (2019) 199 Taitokerau MB 286 (199 TTK 286) [pdf, 257 KB]

    ...1 7 Auckland Succession MB 276 (7 AT(S) 276); 7 Auckland Succession MB 241-242 (7 AT(S) 241- 242). 2 184 Taitokerau MB 174-190 (184 TTK 174-190). 3 190 Taitokerau MB 87-92 (190 TTK 87-92). 199 Taitokeau MB 288 The Law [7] Section 164 of the Act provides: 164 Transfer of land or undivided interest by Court vesting orders (1) The Court may, in accordance with this section, make a vesting order for the transfer of any Maori freehold land or any undi...