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1. Pritchard - Rangitatau Waitotara 3F1 and 3A (2020) 421 Aotea MB 140 (421 AOT 140) [pdf, 191 KB]

   ...a trust in general but objected in particular to the proposal to appoint Mr Jackson as a trustee. He submitted that Mr Jackson was, in effect, an unfit person for appointment because he had been subject to a Police complaint. Te Ture The Law [17] Section 215 of Te Ture Whenua Māori Act 1993 provides: 215 Ahu whenua trusts (1) The Court may, in accordance with this section, constitute an ahu whenua trust in respect of any Maori land or General land owned by Maori. (2) An...

2. CAC20004 v Singh [2015] NZREADT 89 [pdf, 172 KB]

   ...73 Misconduct For the purposes of this Act, a licensee is guilty of misconduct if the licensee’s conduct— (a) would reasonably be regarded by agents of good standing, or reasonable members of the public, as disgraceful; or …” Case Law [9] The most relevant case on the issue of what is “disgraceful conduct” is Brake v Preliminary Proceedings Committee of the Medical Council of New Zealand [1997] 1 NZLR 71. The High Court in that case was concerned with a charge broug...

3. Te Toki – Hako Hauraki (2013) 2013 Chief Judge’s MB 456 (2013 CJ 456) [pdf, 103 KB]

   ...be considered by the Court. [20] Lastly, the Crown submits that the issue raised by the applicant is a mandate dispute, and the appropriate forum for resolution is the Waitangi Tribunal. [21] The Crown seeks dismissal of the application. The Law [22] Section 30 of the Act provides: 30 Māori Land Court’s jurisdiction to advise on or determine representation of Māori groups 3 At [32]. 4 At [31]. 5 Ibid. 6 Simpson v Whak...

4. [2012] NZEmpC 210 Candyland Ltd v Jarvis [pdf, 74 KB]

   ...vendor finance and the agreement for sale and purchase includes a provision that the vendor has priority over other creditors of Candyland Limited in the disposition of its assets. Whether that provides the vendor with an enforceable priority in law is perhaps another question but I do not need to decide that. The agreement for sale and purchase is collateral with a contract entered into at the same time between Cokers Candy Limited and Candyland Limited for the sale of the busine...

5. [2013] NZEmpC 48 Wareing v Tyco New Zealand Ltd [pdf, 76 KB]

   ...and not unique to the people involved in this case. [2] The Authority issued its determination in the matter of Mr Wareing’s grievance on 22 May 2012. It found that he had not been unjustifiably dismissed and reserved costs. Mr Wareing’s lawyer (to whom I will refer as “Z”) 2 had acted for Mr Wareing in the Authority and was responsible for dealing with his wish to 1 [2012] NZERA Christchurch 99. 2 Not Ms Dalziel who is...

6. Rean v Pitman - Takahiwai 7A2B2C (2018) 175 Taitokerau MB 237 (175 TTK 237) [pdf, 242 KB]

   ...1 91 Whangarei MB 136-137 (91 WH 136-137). 2 69 Taitokerau MB 24-31 (69 TTK MB 24-31). 175 Taitokerau MB 239 do so in this case is unacceptable and falls well short of the standards required in this Court. The Law [7] I have jurisdiction to grant an occupation order per Part 15 of Te Ture Whenua Māori Act 1993 (“the Act”). Before granting such an order, I must be satisfied:3 (a) The owners have had sufficient notice of the application and s

7. [2022] NZACC 131 – Wilson v ACC (8 July 2022) [pdf, 177 KB]

   ...should be declined because Ms Wilson’s reason for filing the appeal late had no bearing on the appeal itself. The Corporation also submitted that there was no merit in the proposed appeal, which was beyond the jurisdiction of the Court. Relevant law [10] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be re...

8. [2022] NZEnvC 203 Hadley v Waterfall Park Developments Limited [pdf, 203 KB]

   ...on 26 March 2021, QLDC confirmed that it does 5 not seek costs on the matter.5 Hadleys reply [14] Regarding their obligation to pursue declarations, the Hadleys reiterate that they had a right to take enforcement action to determine the lawfulness of the planting. Moreover, the Hadleys explain that they followed the usual Council-led process by notifying QLDC of the alleged unlawful planting but did not hear further despite following up. [15] The Hadleys submit that WPDL...

9. [2018] NZEnvC 013 CTE Holdings Limited v Christchurch City Council [pdf, 1.7 MB]

   ...they seek time for HydroVac to find alternative premises. Hydrovac [12] Hydrovac appeals the City Council's decision to refuse to change or cancel its abatement notice. The relief they seek is aligned with that sought by CTE Holdings. The law [13] Any person who appeals an abatement notice may also apply for a stay of that notice pending an Environment Court decision on appeal 4 An application for stay must be determined as soon as practicable after it was lodged.s Before gra...

10. Māori Trustee - Rotokautuku 1J1 (2012) 22 Tairawhiti MB 124 (22 TRW 124) [pdf, 162 KB]

    ...3 15 Tairawhiti MB 36-41 dated 2 June 2011 22 Tairawhiti MB 129 [18] The Court reserved its decision on the application and the case manager referred this application for decision on 9 November 2011. Relevant Law [19] The relevant sections of Te Ture Whenua Māori Act 1993 that concern this application are the Preamble, sections 2, 17, 215, 219, 220 and 222. Section 215 provides that an ahu whenua trust may be constituted where the Court is satisf