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1. Tane-Stockler - Estate of Tanetinorau Opataia (2003) 122 Otorohanga MB 3 (122 OT 3) [pdf, 728 KB]

   ...decided that when the Hauturu East 8 Block was vested it was vested in the original owners in trust for their descendants and that, as a consequence, the applicants were not entitled to any beneficial interest by way of succession. The applicants appealed to the Maori Appellate Court. The Appellate Court found that the land was vested in the original owners and a trust established pursuant to section 438 of the Maori Affairs Act 1953; that according to the provisions of Te Ture...

2. [2016] NZEmpC 107 Watson v Capital & Coast District Health Board [pdf, 120 KB]

   ...consequences for her employment. 4 Watson v Capital & Coast District Health Board [2015] NZERA Wellington 108. [13] Mr White, counsel for the CCDHB, relied on dicta of the Court of Appeal in Just Hotel Ltd v Jesudhass. 5 He submitted that s 148 of the Employment Relations Act 2000 (the Act) protects written or oral communications, but not actions or inactions. He also said there would be no impediment to a non-part...

3. LCRO 152/2015 FR v CB and WT (15 May 2017) [pdf, 200 KB]

   ...breach the requirements of the Act. FR’s submissions [34] At the review hearing FR handed up two papers entitled “Matters arising from the records of hearing [date] by Deputy LCRO O W J Vaughan” and “Additional matters relating to the appeal hearing by Deputy LCRO O W J Vaughan 19/4/17”. [35] As indicated in the title given by FR to the first paper, he raises various matters dealt with in the decision of [date]. The matters addressed in that decision provide the start...

4. Kerehi v Griggs - Ngapuketaurua 6C Section 1 (2017) 62 Tākitimu MB 210 (62 TKT 210) [pdf, 424 KB]

   ...[12] I am satisfied that the owners have had sufficient notice of the proposal and sufficient opportunity to consider it. 2 Whaanga v Niania – Anewa Block [2011] Māori Appellate Court MB 428 (2011 APPEAL 428) at [38]. 3 49 Takitimu MB 151 – 175 62 Tākitimu MB 213 Support? [13] Mr Bloor advised that as at 19 February 2016 he had responses from 18 of the 39 owners. 11 were in support of the proposal and 7 were against (...

5. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...https://www.legislation.govt.nz/act/public/2019/0021/latest/whole.html#LMS35785 funding, without which cases with merit could never be pursued. Litigation funding is champertous, as the funder has no interest in the litigation, beyond profit. This development led the Court of Appeal in Saunders v Houghton to state10: We have concluded that, like the common law of Australia and that of Canada, the common law of New Zealand should refrain from condemning as tortious or otherwise un...

6. Reedy v Atkins - Waitangi A1 A1 (2019) 76 Tākitimu MB 54 (76 TKT 54) [pdf, 362 KB]

   ...arguments. He then exercised his discretion in favour of Mr Ashby. We do not detect any error in the judge’s approach when disposing of these applications. Consequently, we see no reason why the lower Court decision should be disturbed. The appeal must be dismissed. [15] For completeness, we note that the Appellant has made a number of submissions on what might be termed constitutional issues. While her interpretation of the various cases cited was patently incorrect, we do...

7. Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A (2019) 407 Aotea MB 180 (407 AOT 180) [pdf, 107 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [24] In Rameka v Hall the Court of Appeal held that, in applying section 240, the Māori Land Court must carry out a two-stage test: first, it must ask if the relevant trustee has breached his or her responsibilities as a trustee; and second, if it finds that the trustee has...

8. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...arrangements they have entered into, that the relationship is a different one after it ended.8 [28] The intention of the parties points against a conclusion that the real nature of the relationship was employment. Control test [29] The Court of Appeal described the control test in Challenge Realty Ltd v Commissioner of Inland Revenue.9 The concept is the right of control over the putative employee which is generally recognised as a necessary and important condition of a contr...

9. Taniora v Crown - Pukemakoiti 2 and 4 (2018) 390 Aotea MB 268 (390 AOT 268) [pdf, 357 KB]

   ...of the trust: (b) the proper administration and management of the business of the trust: (c) the preservation of the assets of the trust: (d) the collection and distribution of the income of the trust. [20] In Rameka v Hall, the Court of Appeal noted that these general duties are not exhaustive and general trustee law principles are also relevant, as is the applicable trust order.7 In other words, trustees are subject to traditional trustee duties with the statutory overlay...

10. [2021] NZEnvC 085 Rangitane o Tamaki v Manawatu-Wanganui Regional Council [pdf, 1.5 MB]

    IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER OF BETWEEN AND AND Decision No. [2021] NZEnvC 085 appeals under s 120 of the Resource Management Act 1991 RANGITANE O TAMAI(! NUI-A-RUA INCORPORATED (ENV-2018-WLG-000034) TARARUA DISTRICT COUNCIL (ENV-2018-WLG-000035) Appellants MANAWATU-WANGANUI REGIONAL COUNCIL Respondent TARARUA DISTRICT COUNCIL Applicant Court: Environment Judge B P Dwyer Environment...