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1. Yuile v Smith - Tuahu 6 (2022) 112 Tairawhiti MB 20 (112 TRW 20) [pdf, 320 KB]

   ...Māori Act 1993, s 329(2)(a). 14 Te Ture Whenua Māori Act 1993, s 329(2)(aa). 15 Te Ture Whenua Māori Act 1993, s 329(2)(b). 16 Brown v Māori Appellate Court [2001] 1 NZLR 87. 17 Whaanga - Anewa Block [2013] Māori Appellate Court MB 45 (2013 APPEAL 45), at [38]. 18 Te Ture Whenua Māori Act 1993, s 329(2)(c). 19 Bidois - Te Puna 154D3B2B (2008) 12 Waiariki Appellate MB 102 (12 AP 102), and Sione - Te Hapua 24 (2000) 4 Taitokerau Appellate MB 275 (4 APWH 275). https://www....

2. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...New Zealand Inc v Scott EmpC Auckland AC45/08, 8 August 2006 at [11]. 5 Pacific Plastic Recyclers Ltd v Foo [2002] 2 ERNZ 75 (EmpC). 6 At [24]. [25] The rationale for the provision of proper particulars was explained by the Court of Appeal in Price Waterhouse v Fortex Group Ltd in these terms:7 Pleadings which are properly drawn and particularised are, in the case of any complexity, if not in all cases, an essential roadmap for the Court and the parties. They are the doc...

3. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...Secretary for Justice v New Zealand Public Service Assoc Inc [1990] 2 NZLR 36 (CA). 13 At 41. 14 At 41. 15 At 41. 16 At 41. [27] In New Zealand Rail Ltd v New Zealand Combined Union of Railway Employees, a full Court of the Court of Appeal emphasised the importance of practicality in the interpretation exercise.17 It provided yet further guidance as to the correct approach. It said:18 Such a notice must be interpreted in the light of the information which it w...

4. Trustees in the Section 14 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Survey District (2015) 29 Te Waipounamu MB 48 (29 TWP 48) [pdf, 202 KB]

   ...the said term hereby granted at the same rent and containing the like covenants and provisos as are herein contained 14 Biel v Hall – Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535); Murupenga – Re Proprietors of Te Hapua 42 Incorporation (1972) 2 Taitokerau Appellate MB 72 (2 APWH 71). 15 Laws of New Zealand Lessor and Lessee (Reissue 1) (online ed) at [80]. 16 Laws of New Zealand, above n 15, at [78]....

5. Joint memorandum seeking direct referral 5 March 2020 [pdf, 3.2 MB]

   ...March and April 2019 by independent commissioners appointed by the Territorial Authorities, who issued recommendations that were accepted, in part, by the Transport Agency. 19. The Transport Agency's decision is currently the subject of two appeals to this Court, by: (a) the Director-General of Conservation ("DOC") (ENV-2019-WLG- 000069); and (b) Queen Elizabeth the Second National Trust ("QEII Trust") (ENV-2019- WLG-000070). 20. All issues as between th...

6. LCRO 176/2022 SP v AQ (15 August 2023) [pdf, 313 KB]

   ...Ms AQ responded briefly to Ms SP’s reasons in support of her application. Nature and scope of review [51] The High Court has described a review by this Office in the following way:21 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

7. Haira v White – Te Rihari Trust (2016) 136 Waiariki MB 220 (136 WAR 220) [pdf, 223 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. [29] In Rameka v Hall, the Court of Appeal set out the relevant legal principles regarding the duties of trustees and applications for removal per s 240 of the Act: 4 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section r...

8. Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) [pdf, 346 KB]

   ...so (iii) is it necessary in the interests of justice to cancel the order made at 28 Kaitaia MB 24? 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 8 28 Kaitaia MB 24 (28 KT 24) dated 24 March 2009. 2018 Chief Judge’s MB 715 Discussion [14] Those who support the applicant, Rex Murray, include his uncle who is a brother and sole surviving sibling of Glass Murray...

9. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...Court Rules, requiring the pleading to state propositions of law or matters like the burden of proof. 2 See Hoyle v Hoyle [2016] NZHC 3120 at [59]-[60]. This was case was partially overturned on appeal, but not on this point: Hoyle v Hoyle [2017] NZCA 516. 3 Letang v Cooper [1965] 1 QB 232 (CA) at 242-243. [43] There was sufficient information in the pleadings to alert the defendants to the nature of the case to be answer...

10. Amoroa - Omuriwaka Māori Reservation (2017) 163 Waiariki MB 93 (163 WAR 93) [pdf, 242 KB]

    ...injunction or otherwise. As well, the Court has the power, at any time, to add, reduce, replace or remove trustees under ss 239 and 240 of the Act. 8 [26] The paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal set out the general responsibilities of trustees as follows: 9 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of...