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1. Welsh — Part Awarua Block (2009) 7 Taitokerau Appellate MB 122 (7 APWH 122) [pdf, 77 KB]

   ...endorsement on the memorandum is correct in the sense that she was the principal owner but not the only owner. [33] The endorsement on the survey plan of April 1920 to “the gift of Maraina Wimuru” is simply that, an endorsement. It has no force at law and does not accurately reflect the fact that there were thirteen owners in the school site as at the date of the acquisition. We note that the Department for Lands and Survey plan, SO 20837, has no such endorsement. [34] Corresp...

2. Ratima v Sullivan - Tataraakina C Trust (2012) 18 Takitimu MB 75 (18 TKT 75) [pdf, 162 KB]

   ...SULLIVAN, HORO EDWARDS, IVY KAHUKIWA SMITH, JOHN WANO, TANIA HUATA-KUPA, PETER EDEN Respondents Hearings: 17 Takitimu MB 1-9 dated 23 May 2012 3 July 2012 (Heard at Hastings) Appearances: Ms C Bennett for the Applicant Mr M Lawson for the Respondents Judgment: 19 July 2012 INTERIM JUDGMENT OF JUDGE LR HARVEY Solicitors: Langley Twigg Law, PO Box 446, Napier 4140 cara@langleytwigg.co.nz Lawson Robinson, PO Box 45, Napier 414...

3. Tiopira - Bella Tiopira [2018] Chief Judge's MB 96 (2018 CJ 96) [pdf, 359 KB]

   ...objections have been received to it. Discussion [6] Pursuant to s 44 of Te Ture Whenua Māori Act 1993, the Chief Judge may cancel or amend an order made by the Court or a Registrar, if satisfied that the order was erroneous in fact or in law because of any mistake or omission on the part of the Court or the Registrar or in the presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judg...

4. Musese v Min [2013] NZIACDT 24 (04 April 2013) [pdf, 119 KB]

   ...transferred to Mr Min in the Australian office. [3] Mr Musese’s complaint is that Mr Min engaged with the file when he had no instructions from him, did not deal professionally with the South African office having undertaken some of the work unlawfully, failed to comply with the Code of Conduct in establishing a professional relationship, and failed to deal professionally with the termination of the instructions. [4] Mr Min has not challenged the factual allegations, and the complaint...

5. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...discount the future rates in respect of the land over a five year period to enable the land to be developed. 5 The amount owing as at 13 November 2014 was $9,964.29 328 Aotea MB 180 The Law [17] Section 43 of the Act provides: 43 Rehearings (1) Subject to subsection (2), on an application made in accordance with the rules of court by any person interested in any matter in respect of which the court has made an order, th...

6. Gemmell - Mohaka A4 Trust (2011) 11 Takitimu MB 86 (11 TKT 86) [pdf, 109 KB]

   ...Richard Gemmell, Rihi Moore and Steven Gemmell. 1 (1996) 144 Napier MB 93 (144 NA 93). 11 Takitimu MB 88 Tauwhareroa Trust [9] According to the parties, Tauwhareroa Trust is a common law trust established by the parents of the current trustees of Mohaka A4 Trust. According to a former trustee, Arthur Gemmell, the Mohaka A4 trustees entered into a lease of the trust’s land with a third party. As at the time of the...

7. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...account of the incident, namely, that Mr Pereira had raised his fist to him and told him he was “this close to getting a smack”. 3. In relation to the February 2010 incident, the allegation was that Mr Pereira had ignored a reasonable and lawful instruction from Mr Chote about quarantine procedures by walking away from Mr Chote in the middle of the conversation and not returning to talk to him when asked to do so. He was alleged to have threatened Mr Chote by saying, “i...

8. Pihema v Pihema - Lot 18 Deposited Plan 28604 (NA31C-254) (2020) 209 Taitokerau MB 175 (209 TTK 175) [pdf, 238 KB]

   ...further application may be filed if issues concerning the mortgage are not resolved before BNZ seek to take any enforcement action. What legal principles apply? [14] I have the power to grant an interim injunction per s 19(1)(b) of the Act. The law concerning interim injunctions is settled. The applicant must show that: (a) There is a serious question to be tried; (b) The balance of convenience is in favour of granting the injunction; and (c) It is in the interests of justic...

9. MVDT Annual Report 2015-2016 [pdf, 263 KB]

   ...the contracting-out provisions in section 43 of the Consumer Guarantees Act were amended to bring them into line with new contracting-out provisions in the Fair Trading Act. We have observed that many, if not most, traders seem unaware that the law has changed and references in vehicle offer and sale agreements to the former “for the purposes of a business” test remain common. The new section 43 is very intricate and uses the term “in trade” in different ways that are not ea...

10. Fisher v Fisher - Mura Rattenbury [2013] Chief Judge's MB 272 (2013 CJ 272) [pdf, 395 KB]

    ...cancelled and the lands reverted to Mura Rattenbury. [9] Firstly, under s 44 of Te Ture Whenua Maori Act 1993 the Chief Judge may cancel or amend an order made by the Court or a Registrar, if satisfied that the order was erroneous in fact or in law because of any mistake or omission on the part of the COUli or the Registrar or in the presentation of the facts of the case to the COUli or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Ju...