Search Results

1. Wellington v Wellington - Tuateanui 2B1A Māori Reservation (2020) 209 Taitokerau MB 59 (209 TTK 59) [pdf, 254 KB]

   ...as a trustee, the Court must have regard to the ability, experience, and knowledge of the individual, and shall not appoint an individual unless satisfied that the appointment would be broadly acceptable to the beneficiaries. [15] The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.3 In that case the Court confirmed that the views of the owners will be compelling, unless there are relevant disqualifying considerations. [16] I ad...

2. Rudd v The former trustees - Horowhenua 11 Part Reservation Trust and Horowhenua 11 (Lake) (2018) 392 Aotea MB 179 (392 AOT 179) [pdf, 345 KB]

   ...no trustee may 1 386 Aotea MB 142-150 & 390 Aotea MB 31-36 (386 AOT 142-150 & 390 AOT 31-36) 2 391 Aotea MB 247-258 (391 AOT 247-258) 3 [2018] Māori Appellate Court MB 512 (2018 APPEAL 512) https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/taueki-horowhenua-11-part-reservation-trust2018maori-appellate-court-mb-512.pdf 392 Aotea MB 181 serve for more than three years. As foreshadowed in that 2016 decis...

3. LCRO 9/2020 SC v KB and ZR (30 April 2020) [pdf, 110 KB]

   ...advance the treaty, under the Maori Military Veterans Inquiry, Wai 2500”; and (d) “defrauded the Legal Aid System”. [5] As a standalone complaint against Ms KB, Ms SC alleged that Ms KB had; (a) in 2011, withdrawn from representing her in an appeal before the High Court, four days before the appeal was to proceed; (b) “submitted claims into the Wai 2500, Maori Military Veterans Inquiry, with similar grievance to mine”; (c) this presenting as “a conflict of interest...

4. Sec-274-N-Shoebridge-16.6.20-Redacted.pdf [pdf, 110 KB]

   ...for service of person wishing to be a party: Note to person wishing to be a party You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days after— ● the period for lodging a notice of appeal ends, if the proceedings are an appeal; or ● the decision to hold an inquiry, if the proceedings are an inquiry; or ● the proceedings are commenced, in any other case. Your right to be a party to the proceedings in the Court may be...

5. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   ...have been filed. Accordingly, there is no issue as to costs and the Court makes no orders. 2 REASONS Introduction On 16 June 2022 the Court issued its second interim decision in relation to the District Wide – Kauri dieback topic of appeals on the Urban and Services plan changes to the Operative Whangārei District Plan.1 The parties were directed to prepare a final of the plan provisions for approval by the Court. The Council has prepared and filed the final provision...

6. [2023] NZEmpC 98 Caisteal An Ime Ltd v Faithfull [pdf, 209 KB]

   ...so that the successful party is entitled to an award of them. [20] In this case Mr Hobcraft relied on the Calderbank offer and Bluestar Print Group (NZ) Ltd v Mitchell to explain why Ms Faithfull is entitled to costs.8 In Bluestar, the Court of Appeal considered a Calderbank offer relating to a claim before the Authority. The Court took reg 68(1) as its starting point and was satisfied that the Calderbank offer fell squarely within the regulation.9 It then considered the High Cou...

7. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...97) at [30]. 7 Reid v Trustees of Kaiwaitau 1 Trust – Kaiwaitau 1 (2006) 34 Gisborne Appellate MB 168 (34 APGS 168) at [17]. 8 See, for example, Whaanga v Trustees of the Anewa Trust – Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45); upheld by Whaanga v Niania – Anewa Trust [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 103 Tākitimu MB 293 to be able to be established on the block unless a portion of it is partitioned. This will give the...

8. [2025] NZREADT 18 - Dong v REA (09 June 2025) [pdf, 218 KB]

   ...Specifically, the evidence should be considered “cogent” only if it is capable of showing that the Registrar erred in one of the fundamental ways that would justify upholding the application for review.5 The threshold is higher than a full merits appeal. [33] Ms Maslin submits that the new evidence the Applicant wishes to adduce is not cogent, because it does not show that the Registrar erred in a way that would justify upholding the application for a review. She submits that th...

9. [2011] NZEmpC 150 Parker v Silver Fern Farms Ltd [pdf, 41 KB]

   ...Hearing: By memorandum filed on 16 November 2011 Appearances: BA Corkill QC, counsel for plaintiff TP Cleary, counsel for defendant Judgment: 21 November 2011 SUPPLEMENTARY JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The Court of Appeal, in its judgment in Parker v Silver Fern Farms Limited and the Employment Court, 1 remitted to this Court the question of what was to become of the Court’s interim order prohibiting publication of the name of, or otherwise identifyin...

10. Request for an interpreter [pdf, 161 KB]

    ...(cell)………………………………….... Language to be interpreted: ……………………………………………. Date of next hearing: ……………………..…….. Court of hearing: (Please tick the appropriate box.) Supreme Court Court of Appeal High Court Criminal Civil District Court Criminal Civil Family Youth Disputes Tribunal Tenancy Tribunal Māori Land Court Māori Appellate Court Environment Court Wai...