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1. Ngatai - Te Puna Parish 154D5A1 Block (2012) 34 Waikato Maniapoto MB 111 (34 WMN 111) [pdf, 111 KB]

   ...1 In that decision the Appellate Court considered earlier decisions in Cleave – Orokawa 3B 2 , White - Maketu A2A 3 , Craig v Kira - Wainui 1 (2011) 2011 Māori Appellate Court MB 215 (2011 APPEAL 215). 2 (1995) 4 Taitokerau Appellate MB 95 (4 APWH 95). 3 (1999) 1 Waiariki Appellate MB 116 (1 AP 116). 34 Waikato Maniapoto MB 116 2F4D 4 , and Property Ventures Ltd v Parata – Ngarara West B3B 5 in coming to a determ...

2. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...of 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...

3. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

   ...15 For examples see Craig v Kira - Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 (7 APWH 1), Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185), Whaanga v Niania - Anewa Block (2011) Māori Appellate Court MB 428 (2011 APPEAL 428), and Whaanga v Trustees of the Anewa Trust – Anewa Block (2013) Māori Appellate Court MB 45 (2013 APPEAL 45) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2007/Hammond%...

4. Deputy Registrar - Rakiura Maori Lands Trust (2013) 21 Te Waipounamu MB 35 (21 TWP 35) [pdf, 96 KB]

   ...and this decision had not been re-visited. Law [32] The Māori Appellate Court and this Court have regularly canvassed the issues surrounding appointment of trustees to Māori land trusts. The law in this regard was considered by the Court of Appeal in the Clarke v Karaitiana decision:3 [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 iss...

5. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...consider the implications of a partition should they wish to proceed down that path. Voting at meetings [26] Another issue that arose during the hearing was the matter of voting at meetings of beneficial owners. There is authority from the Court of Appeal, the Māori Appellate Court and this Court that supports the following propositions: (a) The Māori Assembled Owners Regulations 1995 do not apply to general meetings of owners called by trustees of a trust constituted under part...

6. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 94 READT 61/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN ROBERT AND ANGELA MCCARTHY Applicants AND REAL ESTATE AGENTS AUTHORITY (CAC20007) First Respondent AND MICHAEL MATUTINOVICH Second Respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen – Member HEARD at AUCKLAND on 2...

7. [2015] NZEmpC 109 Wellington City Transport Limited t/a Go Wellington v NZ Tramways and Public Passenger Transport Employees Union [pdf, 142 KB]

   ...the principles of contractual interpretation applicable to the interpretation of collective employment agreements. Reference was made by both counsel to the recognised leading authorities on the issue. Of particular relevance was the Court of Appeal decision in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 2 which was a case concerned with the correct approach by this Court to the interpretation of collective employment agreements. [12] The Co...

8. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 2 [pdf, 110 KB]

   ...claimants settled their claim against all the respondents other than Mr Sayles and Terrence Easthope. Neither Mr Sayles nor Mr Easthope attended the hearing and following a formal proof hearing both were found jointly liable. [3] Mr Sayles appealed the decision. The District Court set aside the orders in so far as they related to Mr Sayles and referred the matter back to the Tribunal. Mr Sayles disputes any liability as he says that he was not the project manager and there...

9. S Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 10 [pdf, 209 KB]

   ...that she found the situation stressful from 2007 when she discovered the property leaked until the claim was settled. She found it difficult to work full time because of the worry and uncertainty. She could not plan her life. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances and I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdr...

10. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

    ...complaints when it provided in section 138(1)(f) of the Lawyers and Conveyancers Act 2006 that a Standards Committee may determine to take no further action in respect of a complaint if “there is in all the circumstances an adequate remedy or right of appeal...that it would be reasonable for the person aggrieved to exercise.” [23] If the fact that a person would incur costs in pursuing that remedy (rather than making a complaint which is free) were a factor to be taken into acco...