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1. Spicer - Ngāporo No.2 (2023) 465 Aotea MB 21 (465 AOT 21) [pdf, 289 KB]

   ...beneficiaries to the trouble and expense. (b) A trustee need not hesitate to apply where there are factual or legal difficulties and sufficient at stake to warrant the cost. 9 Tito – Mangakahia 2B2 No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86) at [28]. 10 The New Zealand Guardian Trust Company Ltd v Hewitt (1998) 1 NZTR 8-001; Melville v NRMA Insurance NZ Ltd (2002) 1 NZTR 12-002; and Holland v Jonkers [2021] NZHC 3469. 465 Aotea MB 26 (c) Questions...

2. [2020] NZEnvC 101 Southland District Council v Chartres & Otherspdf [pdf, 744 KB]

   ...the objectives, policies and rules restricting the clearance and modification of indigenous vegetation due to his involvement in the biodiversity chapter of the PRPS proceedings. I am also advised by the Registrar that Mr Chartres has an active appeal6 against the Proposed Southland Water and Land Plan proceedings currently before the court. [11] Mr Roy also sets out at some length the history of the activities on the Station. He has completed an analysis of clearances at the Station...

3. [2016] NZEmpC 72 Eden Group Ltd v Jackson [pdf, 151 KB]

   ...freezing order [19] The respondents seek its discharge and that is opposed by the applicant. [20] I propose to extend the freezing order until 12 noon on Tuesday 21 June 2016 for two reasons. The first is to enable the applicant to file any appeal against the non-renewal of that order, which will follow at the end of that period. The second reason is to enable the respondents to file and serve undertakings, a draft form of which was handed up in court this morning but which unde...

4. Morris - Pani Te Wairemana Morris Succession [2016] Chief Judges MB 792 (2016 CJ 792) [pdf, 233 KB]

   ...that an error was made in the presentation of the facts of the case to the Court at 137 Napier MB 17 as the Will was not taken into consideration. 2 [2010] Maori Appellate Court MB 167-216 (2010 APPEAL 167) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 dated 8 th March 1981 5 Will of Pani Te Wairemana Morris (8 March 1981) 2016 Chief Judge’s MB 798 [13] It is therefore appropriate for me to exercise my jurisdi...

5. Te-Au-Reka-Capability-Model_October-2022.pdf [pdf, 1.5 MB]

   ...access reference material from within the solution to support the making of judicial decisions. Refer matters to another court Judicial officers can direct that a matter be heard next in a different location or a different jurisdiction. Where an appeal is lodged, court information from the lower court can be transferred to the appellate court. Record event information Judicial officers and registry can record information relating to events ensuring a complete court record, effectiv...

6. Tanetinorau - Hauturu East 8 (2003) 122 Otorohanga MB 22 (122 OT 22) [pdf, 1.3 MB]

   ...further hearing was held on 26 November 2001 and is recorded at Otorohanga Minute Book 119/78-79. The Court's decision was then reserved. Consequently on 19 September 2002 at Otorohanga Minute Book 120/89 the Court indicated that because of the appeal which had been lodged against other applications for succession to various owners in Hauturu East 8 Block, it would not make its decision until the Maori Appellate Court decision was made. The Maori Appellate Court decision has been...

7. B Tarrant Memo Chief Coroner 02-11-21-V2 [pdf, 114 KB]

   ...disproportionately severe treatment or punishment. 10. By this, he means he was subject to inhuman or degrading treatment whilst on remand, which prevented a fair trial. 11. Counsel is conscious of the major distress such an exercise of his right to appeal may have on the “victims” families, and many parts of society. 12. Nevertheless, carrying out client’s instructions is every barrister’s duty, and whilst this case is likely to be the pinnacle of professional difficulty, ev...

8. Maori Trustee v Forde - Section 186 Block V Longwood Survey District (2013) 19 Te Waipounamu MB 249 (19 TWP 249) [pdf, 100 KB]

   ...expert evidence presented by the respondents was relevant and appropriately tested the applicant’s case. 2 Henare v Māori Trustee – Parengarenga 3G (2012) 2012 Māori Appellate Court MB 540 (2012 APPEAL 540) at [47] – [48]. 3 Riddiford v Te Whaiti (2001) 13 Takitimu MB 184 (13 ACTK 184). 19 Te Waipounamu MB 256 [22] I award 70 per cent of the applicant’s costs incurred on a solicitor-client basis, not including the...

9. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

   ...serious question to be tried in fact existed could not be brushed over lightly. For example see F Hammond Land Holdings Ltd v Elders Pasture Ltd 10 and Shivas v BTR Nylex Holding NZ Ltd. 11 [14] In Roseneath Holdings Ltd v Grieve, the Court of Appeal summarised the essential purpose of an interim injunction: 12 The object of an interim injunction is to protect the plaintiff from harm occasioned by any breach of rights, that is the subject of current litigation, for which th...

10. Han v Auckland Council [2012] NZWHT Auckland 19 [pdf, 111 KB]

    ...reasonable cost of the consequential losses the claimants will inccur as a result of the remedial work. Page | 6 [18] The claimants and Council also agreed that the sum of $25,000 in general damages should be awarded. The Court of Appeal in Sunset Terraces and Byron Avenue2 agreed that the appropriate measure depends on individual circumstances but for owner-occupiers the usual award would be in the vicinity of $25,000. [19] I accept that Mr Han and Mrs Woo have bo...