18421 items matching your search terms
...for the Applicants Ms V Church, in person Judgment: 20 December 2013 RESERVED JUDGMENT OF JUDGE L R HARVEY Counsel: Morrison Kent Lawyers, PO Box 10035, Wellington brian.gilling@morrisonkent.com mailto:brian.gilling@morrisonkent.com 313 Aotea MB 261 Introduction [1] By application filed on 10 December 2012 pursuant to ss 135 and 136 of Te Ture Whenua Māori Ac...
...is whether Chantal and Julie-Ann should be recognised as Wiremu’s whāngai, and whether they should also be entitled to succeed. 1 Probate CIV-2012-488-742 139 Taitokerau MB 172 The Law [8] Section 108 of Te Ture Whenua Māori Act 1993 (“the Act”) restricts those who are entitled to succeed to interests in Māori freehold land by will. One of those classes entitled to succeed are whāngai of the testator. [9] Wh...
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 17 LCDT 028/16 BETWEEN AUCKLAND STANDARDS COMMITTEE 2 Applicant ELIZABETH ANN GARDNER Respondent CHAIR Judge BJ Kendall (retired) MEMBERS OF TRIBUNAL Ms F Freeman Mr G McKenzie Ms C Rowe Mr I Williams HEARING at the District Court, Auckland DATE 6 and 7 July 2017 DATE OF DECISION 14 July 2017 COUNSEL Mr M Hodge for the Applicant Mr K Muir and Ms B Webste
...of the applicant, is very low. While I am mindful of the important connection and history that the Pukepuke whanau have to the land, there are other owners who have not participated in this process and they too share that connection and history. Law [6] As set out in my preliminary decision, The Māori Land Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land, in accordance with Part 14 of TTWMA. The jurisdiction is discretionary. Regardless...
...this also because the papers before us in this appeal bring to our notice several matters of concern for which there may well be adequate and satisfactory explanation. 6 3~1 Common Seal. This See however The Mining Co Ltd and of the Proper t y Law Fi rst : . Second: The deed of assignment (fol 37-41) contains in clause 5 an acknowledgement that "there are as at the date of this assignme:1t no arre ars of r e rn al under the lease or anv other unremedied breach of any of the...
...remain on individual employment agreements with the promise of greater overtime work than may be allocated to Union members. Although I emphasise that this is only an allegation at this stage, if this is happening or is to happen, this may be unlawful and the subject of coercive sanction by the Court or at least the subsequent payment of monetary compensation for overtime which ought to have been offered and worked. AFFCO may care to consider whether, in these circumstances, it wo...
...more akin to a declaration application. The matter of determining who is the "successful" and "unsuccessful" parties on the merits should therefore await the final determination of the direct referral application. 8 The law on costs in the Environment Court [28] Section 285 of the Act confers a broad discretion on the Environment Court to order costs with the sole qualification that the quantum be reasonable. As with the exercise of any judicial discretion, a...
...list and to discuss the options for restoration. The applicant submitted that she has received overwhelming support for restoration of Te Amiki and given that it is a tāonga and is of critical importance, the injunction should be granted. The Law [26] Section 19 of Te Ture Whenua Māori Act 1993 provides: 19 Jurisdiction in respect of injunctions (1) The court, on application made by any person interested or by the Registrar of the court, or of its own motion, may at any time...
...administer and manage the land and dwelling. [6] Katheryn Moore, another sibling, filed a written submission dated 30 April 2013. In that she implores the Court to grant an occupation order and the decline the application to constitute a trust. The Law [7] Sections 214 and 215 of Te Ture Whenua Māori Act 1993 provide: Section 214 Whänau trusts (1) The Court may, in accordance with this section, constitute a whänau trust in respect of any beneficial interests in Maori land o...
...the Council’s powers to impose conditions on controlled activity cross lease conversion subdivisions are limited to the matters of control in E38.11.1, as per s 108AA of the Act. That power does not extend to the power to require existing lawful established stormwater and wastewater infrastructure be adequate or fit for purpose. (d) the clear outcome of the Subdivision appeal is equivalent to having been successful on the Application for Declarations. The Council’s respon...