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1. Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (2017) 157 Taitokerau MB 7 (157 TTK 7) [pdf, 219 KB]

   ...Conservation v Tau [2016] NZDC 16497. 14 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999, Clarke v Karaitiana [2011] NZCA 154, Mikaere Toto – Te Reti B & C Residue Trust [2014] Maori Appellate Court MB 249 (2014 APPEAL 249). 157 Taitokerau MB 19 requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. 15 When exercising this power, the Court relies...

2. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...(DC Christchurch, CIV 2013-009-001684, 28 January 2014) are decisions primarily dealing with facts. In the High Court, both parties took the position that they would not support the District Court’s analysis of the facts; the High Court allowed the appeal on that basis. [22] None-the-less the District Court’s observation that when something is truly beyond a person’s control it does not trigger professional disciplinary consequences is an un-contentious and unexceptional professiona...

3. Flows in the Justice System [pdf, 1.3 MB]

   ...Distribution of proportion of sentence served, 2003 compared to 20176 Many more people are now serving all, or nearly all, of their imposed sentences. 6 The graphs showing proportion served include people released early on compassionate release, on appeal or who died while serving a prison term. Figure 13. Serious violence sentences, more than two years imposed length 80% 70% 60% 50% 40% 30% 20% 10% 0% 0% – 10% 11% – 20% 21% – 30% 31% – 40% 41% – 50% 51% – 60% 61% – 70...

4. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   ...Tribunal now turns to consider each of those matters. 4 See for example, [2013] NZCOP 2 at para 64. 11 Regulation 12(3)(a) – the flagrancy of the Infringement [67] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.5 Those cases show that “flagrant” copyright infringe...

5. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...Although this was a procedural oversight, it does not constitute a mistake of fact or law. 3 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2016 APPEAL 167) at [61]. 2018 Chief Judge’s MB 229 [30] The burden of proof when paternity is contested under normal circumstances would lie with those who contend that the father listed on the birth certificate is not the biolog...

6. Wynyard v Waata - Manawakore C1 and D (2022) 247 Taitokerau MB 4 (247 TTK 4) [pdf, 260 KB]

   ...functions of a trustee; or (b) the removal is desirable for the proper execution of the trust, and 1 or more of the following grounds for removal are met: 3 Taurua v Harawira – Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 247 Taitokerau MB 10 (i) the trustee repeatedly refuses or fails to act as trustee: (ii) the trustee becomes an undischarged bankrupt: (iii) the trustee is a corporate trustee that is subject to an insolve...

7. Hastie and Dredge TRI-2023-100-001 Procedural Order 4 [pdf, 154 KB]

   ...application and must go to hearing. [54] The fourth respondent also claims that it is prejudiced by the unreliability of witnesses’ memories as they may have faded over time and can become biased by the dispute process. It cites the Court of Appeal case of Street v Fountaine as support.25 Although there are valid concerns about the reliability of witnesses, both the fourth respondent and the claimants have 25 Street v Fountaine [2018] NZCA 55 at [128]. 13 submitted compr...

8. Welsh - Koutu (2019) 197 Taitokerau MB 172 (197 TTK 172) [pdf, 332 KB]

   ...decide whether those on the title hold the land personally or on trust. 1 Tau v Ngā Whānau o Morven and Glenavy – Waihou 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2 Ibid, at [168]. 197 Taitokerau MB 174 Is there evidence contemporaneous with the issue of the title orders which show that this land is held on trust? [5] A certificate of title to the Koutu block first issued on 26 Ju...

9. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...list of owners contained in the Court record and not to look behind it. There have been no proceedings brought to challenge the transfers referred to. Any such challenge would need to be the subject of a separate application such as a rehearing, appeal or application to the Chief Judge. I note however that the minutes of the hearing regarding the first share transfer between Henry Couch and Riri McConnell records that the parties were second cousins.11 [24] I am satisfied that havin...

10. LCRO 216/2020 YH v DP (29 July 2021) [pdf, 176 KB]

    ...at least September 2017, being two years before Ms YH lodged her complaint. 3 See the table prepared by the Committee at [13]. 4 Standards Committee decision at [10], in which the Committee referred to the well-known judgment of the Court of Appeal in: Cortez Investments Ltd v Olphert and Collins [1984] 2 NZLR 434 (CA) at 441. 6 [29] Review Officers have routinely held, as have Standards Committees, that “special circumstances” exist to go beyond the two-year reach, when a...