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1. Minister of Māori Development - Otaramuturangi or Otara o Mutu Rangi (Burial Ground) (2017) 163 Waiariki MB 246 (163 WAR 246) [pdf, 304 KB]

   ...knowledge of the individual or body; and (b) Shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [21] In Clarke v Karaitiana the Court of Appeal confirmed the importance of s222: [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those is...

2. QAB v PAC, OAD and NAE LCRO 93/2015, 94/2015 and 142/2016 [pdf, 105 KB]

   ...recite the facts giving rise to these complaints in any detail as they are well known to the parties. 2 [3] In brief, Mr QAB and Mr MAF were convicted and sentenced to periods of imprisonment but their convictions and sentences were quashed on appeal due to a miscarriage of justice. The miscarriage had arisen because the prosecuting lawyer (Ms NAE) did not present the full record of Judge [X]’s sentencing indication to the trial Judge. Judge [X] had noted that evidence was...

3. Carroll - Estate of Kahui Pepi Carroll (2007) 187 Napier MB 277 (187 NA 277) [pdf, 255 KB]

   ...Napier MB 280 Effect ofsectioIl48(1) ofTe Ture Wllellua Maori Act 1993 [13] Section 48 states: "48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. (2) No payment made in good faith pursuant to or...

4. Amendment to Grant Forms and High Cost Criminal Cases - Submissions and decisions [pdf, 715 KB]

   ...request Please provide justification for any junior or co-counsel sought, specifying their identity, proposed role and level of involvement. What is the next scheduled court event and when will it occur? What is your estimate of trial/ appeal length in hearing days? What date has the matter been set down for trial/appeal? Initial grant High Cost Case Management Only Please explain how the 40 hours initial grant has been used. 4 Status of case Has th...

5. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...judgment dated 22 June 2018, the Court held that the settlement agreement was lawful and binding.7 It was a full and final agreement resolving the employment relationship problems at the time it was signed. Dr Sawyer unsuccessfully sought leave to appeal the judgment to the Court of Appeal.8 [14] The Court’s judgment on the preliminary issue dealt with most of Dr Sawyer’s proceeding but not all of it. The settlement agreement provided for Dr Sawyer’s employment to end on...

6. [2018] NZEnvC 240 The Wolds Station Limited & Ors v Mackenzie District Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 240 of the Resource tI(1anagement Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH (ENV-2009-CHC-193) MOUNT GERALD STATION LIMITED (ENV-2009-CHC-181 ) MACKENZIE PROPERTIES LIMITED (ENV-2009-CHC-183) MERIDIAN ENERGY LIMITED...

7. [2019] NZEnvC 089 Schwartfeger v Northland Regional Council [pdf, 5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC O?!J<j of applications for declarations of s310 of the Resource Management Act 1991 (the Act) of an appeal pursuant to s 120 of the Act J K & H E SCHWARTFEGER (ENV-2018-AKL-000390) Applicants NORTHLAND REGIONAL COUNCIL Respondent Hearing: Whangarei on 8 April 2019 Before: Judge J A Smith (presiding) Commissioners I Buchanan and R M Bartle...

8. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

   ...not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. 385 Aotea MB 24 [22] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana.3 The Court of Appeal has confirmed that in appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues, t...

9. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...matter. If it is 4 See Bidois v Clarke – Tokata A14 (2013) 31 Tairawhiti MB 95 (31 TRW 95) at [19]; and Naera v Fenwick – Whakapoungakau 24 [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) at [61] 5 Ibid. 386 Aotea MB 148 likely that the trustees and their agents intend to undertake further works then this will need to be discussed at a telephone conference to be arranged at short notice if necessary....

10. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

    ...8y9t1vo72j 2018-07-19 11:51:38 7 earthquakes. The Tribunal will not consider issues involving on-sold properties. The Tribunal may join other potentially liable parties to the dispute where necessary. 49 Decisions of the Tribunal can be appealed on questions of fact and law to the High Court, with leave of the High Court. Second and subsequent appeals can be made on questions of law, with leave of the appellate Court. 50 Policyholders, insurers and the Earthquake Commission...