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1. Takarangi - Hautu 2B1B2A No 3 (2017) 375 Aotea MB 42 (375 AOT 42) [pdf, 371 KB]

   ...order of the Court. [11] In addition, the Registrar arranged for the engagement of counsel to give the trustees advice on their position regarding their actions and to file a submission on whether there is a case for the trustees to answer. The Law [12] Section 237 of the Act provides: 237 Jurisdiction of court generally (1) Subject to the express provisions of this Part, in respect of any trust to which this Part applies, the Maori Land Court shall have and may exercise all...

2. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...did not advise her that he intended to transfer the shares to his son. She did not become aware of the transfer until 1997 when a family member told her that Ratahi Ellis was building on the block. Christina Ellis pursued the matter through her lawyers, initially making application to determine her interest in the now partitioned block, called Matapihi 8A. However, because the land was General land the Māori Land Court had no jurisdiction and she withdrew the application. She filed t...

3. [2018] NZEnvC 248 Queenstown Airport Corporation Limited [pdf, 3.9 MB]

   ...opening submissions at [40] . D Somerville , opening submissions at [39]-[43]. n1 z . \~1. r;;$ Minute dated 17 June 2013. <'"1\1,. c :--;\~ O~ " / l:.'~..;-..... ~ 7 incur significant cost in raising issues of public law, such as RPL's legitimate expectation in relation to the land to be designated or the wider issues involving safety and environmental effects, RPL is particularly critical of the fact that QAC is not willing to make any contributi...

4. CAC 10020 v McDonald [2013] NZREADT 89 [pdf, 57 KB]

   ...why but the cheque was not cleared until 9 June 2009. 7 [31] It seems that on behalf of the owner Mr W D Kamau, Mr Vainerere then treated with the tenant Ms Highsted regarding her purchasing the property. On 19 May 2009 Mr G Martin, as lawyer for Mr W D Kamau, emailed the defendant requiring her to immediately cease acting for the vendor and indicated that the vendor did not want the sale of the property to be through Ashburton Real Estate Ltd or the defendant. However, the...

5. Horan – Hiwarau C (2013) 70 Waiariki 61 (70 WAR 61) [pdf, 159 KB]

   ...being in control of the land. [29] The matter was then reserved for a preliminary determination and it was noted that a further Court hearing may be required, especially for the balance of the owners that would remain in Hiwarau C. Relevant Law and Discussion [30] The issue for the Court’s determination is whether the applicant has satisfied the requirements for partition as set out in Part 14 and ss 286, 288 and 289 of the 1993 Act, particularly s 288(2)(b). That provision req...

6. MOJ0058 Disputes Tribunal booklet [pdf, 565 KB]

   Disputes Tribunal When you need help to settle a dispute 2 What is the Disputes Tribunal? The Disputes Tribunal is a quick and inexpensive way to settle disputes. The Disputes Tribunal isn’t like a formal court. A lawyer can’t represent you in the hearing and there are no judges. Each hearing is run by a referee, who will encourage both sides to reach agreement. If they can’t, the referee makes a decision. This decision is binding (you have to follow it). The Tribunal

7. Tautuku Block XIII Section 14 Trust v Cairns (2012) 16 Te Waipounamu MB 63 (16 TWP 63) [pdf, 178 KB]

   ...exclude $7,000 plus GST of rental due for the year of November 2003 to November 2004 from any rental payable because of fertiliser said to have been applied to the trust lands by the respondents; e) the respondents received notice under the Property Law Act 2007 in May 2009 requiring them to remedy their default and pay the rental then outstanding in the amount of $28,000 plus GST; 16 Te Waipounamu MB 66 f) the respondents have failed to pay the outstanding rental and remain i...

8. KU & UE v TQ Ltd [2021] NZDT 1649 (28 October 2021) [pdf, 292 KB]

   ...breach an implied term of the contract or was TQ negligent by not carrying out its work in a proper competent manner? 18. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. CI0301_CIV_DCDT_Order Page 3 of 9 19. When carrying out work of a profession or trade, it is imp...

9. Manahi v The Māori Trustee – Kapenga A5 (2018) 184 Waiariki MB 168 (184 WAR 168-180) [pdf, 304 KB]

   ...relies on Manning – Kirikiri Pawhaoa B2A1;5 and Tairuakena v Carr;6 to argue that the current legal position is that an alienation in breach of trust continues to be actionable by a beneficiary even after confirmation has been granted. The Law [24] Section 237 of the Act states: 237 Jurisdiction of court generally (1) Subject to the express provisions of this Part, in respect of any trust to which this Part applies, the Maori Land Court shall have and may exercise all the sa...

10. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

    ...M Terekia, for the applicants N Weatherhead, for the objector Judgment: 17 January 2017 RESERVED JUDGMENT OF CHIEF JUDGE W W ISAAC Copies to: R Revington, PO Box 347, Gisborne, ross.r@wwclaw.co.nz N Weatherhead, DX LP78520, Gisborne, wilsonbarber@xtra.co.nz mailto:ross.r@wwclaw.co.nz mailto:wilsonbarber@xtra.co.nz 64 Tairawhiti MB 103 Introduction [1] On 1 June 2016 the trustees of the Waitangi A1A2 Trust applied t...