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1. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Māori Trustee. (3) Any injunction made by t...

2. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...annual grazing agreement since the 1980s over Pukehika block, which was part of the trust’s corpus. That grazing 5 Keepa v Vercoe – Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) at [13] 6 Churton v Trustees of Mangaporou Trust (2002) 122 Aotea MB 182 (122 AOT 182), Churton v Trustees of Mangaporou Trust (2003) 132 Aotea MB 219 (132 AOT 219), Churton v Mangaporou Trust - Mangaporou Trust (2003) 15 Aotea...

3. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. [18] In Henare v Māori Trustee – Parengarenga 3G 10 the Māori Appellate Court discussed t...

4. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...184). These are authorities for the following principles: 2 Nicholls v Trustees of W T Nicholls Whānau Trust – Part Papaaroha 6B Block [2014] Māori Appellate Court MB 2 (2014 APPEAL 2). 133 Waiariki MB 62 a) The Court has an absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to the costs that were act...

5. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...6 Te Ture Whenua Māori Act, s 17(2)(a). 18 Tākitimu MB 272 Jurisdiction under s 18(1)(i) [17] The issue of what jurisdiction is granted by s 18(1)(i) was discussed by the Court of Appeal in Attorney-General v Māori Land Court [1999] 1 NZLR 689. This case involved General and Crown land, and the ability of the Māori Land Court to make vesting orders in relation to such land. The Court of Appeal stated that:7 There is

6. Taniora – Te Koutu Mourea Maori Reservation (2014) 91 Waiariki MB 173 (91 WAR 173) [pdf, 148 KB]

   ...the 1984 gazettal was based was made without knowledge of the s 440/53 order and was therefore flawed. He recommended that the reservation be partly cancelled and an area of 1 acre be excised from the Māori reservation. 4 [9] That decision was appealed by Erana Waiomio. The Māori Appellate Court overturned the decision of Judge Savage. It explained that the purpose of s 440 of the Māori Affairs Act 1953 was to enable the vesting of an interest in Māori land in a person to en...

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

   ...is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter. This issue is problematic. [35] In 2011, the Māori Appellate Court considered the approach to this issue.8 The appeal involved two blocks of land, Tutuotekaha 1B5B1 and Tutuotekaha 1B5B2. During the 1940’s to the 1950’s, the appellant’s father cleared and used the land. Without development finance, however, he was forced to leave and the land wa...

8. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...paragraphs [6] to [13] for that information. The Law [8] It is trite law that trustees must adhere to their duties and any claim as to a lack of knowledge of such responsibilities is no defence against a claim of breach of duty. The Court of Appeal in a recent judgment Rameka v Hall underscored the relevant duties including the principal obligation of being familiar with the terms of the trust:2 [28] The general responsibilities of responsible trustees are set out in s 223 of th...

9. [2015] NZEmpC 105 Scarborough v Micron Security Products Limited costs [pdf, 233 KB]

   ...together, and give rise to a number of difficulties in practice as the cases reveal. [35] I pause to note that the approach to costs adopted in this Court can be contrasted with the one that applies in the United Kingdom. There the Employment Appeal Tribunal Rules 1993 provide for a costs-free starting point, reflecting a recognition of the desirability of encouraging access to the Appeal Authority (the EAT) for public policy reasons. The presumption that each party will bear thei...

10. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

    ...sale and purchase. Following a hearing I issued a determination finding that although the house had weathertightness defects and required significant repair, Ms Collie was not liable to the claimants in tort or in contract. [2] The claimants appealed to the High Court. Justice Peters upheld all the factual findings made by the Tribunal and the finding regarding the claim in tort. She also upheld a finding that had the claim in tort been established, the degree of contributor...