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1. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...8106 OpotikiMB 128-130 (106 OPO 128-130) 111 Opotiki MB 77 and he expects that to come with the house. No valuation evidence was presented and Mr Hata did not take any legal advice. I then reserved my decision. Discussion of the Relevant Law [15] The following provisions ofTe Ture Whenua Maori Act 1993 are relevant to this application. 328 Occupation orders (1) The Maori Land Court may, in its discretion, make, in relation to any Maori freehold land or any general land own...

2. [2017] NZEnvC 210 Doctors Flat Vineyard Ltd and Rubicon Hall Road Ltd v Central Otago District Council [pdf, 1.9 MB]

   ...evidence-in-chief at (8 .1 OJ-(8.17J. Reply by the Council, dated 7 December 2017, at (12J . Whitney evidence-in-chief at (92J. Reply by the Counci l, dated 7 December 2017, at (19J . 7 [24] A body of general principles has developed through the case law and two of the fundamental principles are that: there is no general rule that costs should follow the event (even if a party is successful) and costs are not to be awarded as a penalty but in the interests of "compensatio...

3. OX v SN [2021] NZDT 1581 (3 August 2021) [pdf, 153 KB]

   ...purpose that a reasonable consumer would find acceptable. 29. As I have found that the CGA applies to this sale and has been breached, I do not need to go on to consider the issues dealing with misrepresentation under the Contract and Commercial Law Act 2017. 30. The Tribunal notes however, that the jet ski was advertised as a 2013 model. The evidence before the Tribunal demonstrates that it was a 2012 model. This is a breach of s9 of the CGA as the goods sold do not match the descri...

4. TT v KU [2020] NZDT 1324 (9 September 2020) [pdf, 230 KB]

   ...acceptable quality. 21. It is worth noting that, had Ms U not been in trade, the wording of the advertisement would have been considered a misrepresentation, and therefore the same outcome would have been reached (s35 Contract and Commercial Law Act 2017). A seller in a private deal must ensure any wording in an advertisement is correct. Sellers are liable for damages where misrepresentations are established, even if they have acted without knowledge of the error. If not, does Ms...

5. Karanga v Karanga - Mangamuka East H2 (2006) 112 Whangarei MB 23 (112 WH 23) [pdf, 1.9 MB]

   ...his children on his death. She submitted that it did not but was unable to refer me to any legal authorities in support. I have not found any legal authorities on point. [19] Section 30(l)(a) gave a broad jnrisdiction to the Comi to detemline at law or in equity the rights of possession of Maori land. The Court made such determinations by way of orders in favour of persons by name or (as is the case here) by class of persons. [20] Whereas I have concluded that an Order for ownersh...

6. Pue - Ngāti Maru Wharanui Pukehou Trust (2006) 166 Aotea MB 290 (166 AOT 290) [pdf, 669 KB]

   ...obvious outcome for the Court, according to Mr Pue, was to set aside its order of 22 December 2005 and reconfmn the existing nine trustees, six of whom were ready to bring a satisfactory end to the present dispute. Minute Book: 166 AOT 295 The Law [19] Sections 236 and 237 state: "236 Application of sections 237 to 245 (1) Subject to subsection (2) of this section, sections 237 to 245 of this Act shall apply to the following trusts: (a) Every trust constituted under th...

7. Maserow v CAC404 & Ors [2016] NZREADT 19 [pdf, 183 KB]

   ...he carried out for the 24 salespeople he managed at Barfoot & Thompson in Howick. The Complaints Assessment Committee did not have this information. He says that he fully supervises all agents until they have had six months experience (as the Lawyers and Conveyancers Act requires) and then provides further supervision and training for those who require further supervision, and provides continued training for all of the office. He holds weekly branch meetings and educates agents on...

8. [2020] NZEmpC 87 Freeborn v Sfizio Ltd [pdf, 241 KB]

   ...time. [8] Sfizio opposed the application, essentially on the grounds that the company was obviously the employer, that joinder of Mr Gregorash and Ms Parfitt would amount to joining shareholders of an employing entity and would breach company law principles that the corporate veil may not be pierced; and that in any event, Ms Freeborn’s employment agreement was validly terminated under a 90-day trial provision. [9] This application was resolved by a judgment which I issued on...

9. Kopa v Cooper - Motatau 2 Section 23A1A Block [2010] 2010 Māori Appellate Court MB 243 (2010 APPEAL 243) [pdf, 106 KB]

   ...Court had not considered any reasonable alternatives to partition or the appellant’s proposals regarding partition, so that the land was not equitably partitioned amongst the shareholders. [11] The appellant did not, by his own choice, have a lawyer representing him at the hearing of the appeals on 10 February 2010. Instead he was assisted by Mrs Hokimate Painting who acted in the nature of a McKenzie friend. Submissions of Appellant [12] The appellant’s submissions were brie...

10. Pulham - Tiro Taupaki (2010) 9 Taitokerau MB 209 (9 TTK 209) [pdf, 54 KB]

    ...for succession to take place. One of the consequences of that is that, given that the estate is intestate, then the interests in the land will likely go to Tiro’s five biological children only and Lena Sarsfield will be excluded as the general law does not recognise whangai children. However, if the land were changed back to Maori freehold land, Lena Sarsfield would be included. The whanau might want to consider that issue further. Ahu Whenua Trust option [37] Finally, I note tha...