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1. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

   ...(2) The court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [11] I adopt the reasoning set out by the Court of Appeal in Rameka v Hall as follows: 10 [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 the trust: (b) The proper administratio...

2. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...enacted, therefore provides a ground, established by law, by which a person may be deprived of their life. 27 At [64]. For example, in Shortland v Northland Health Ltd [1998] 1 NZLR 433 the Court of Appeal held that the Northland Health Board could not be compelled to continue renal dialysis treatment, without which Mr Shortland would die, because the decision to discontinue dialysis was consistent with prevailing medical practices....

3. BORA Border Security Bill [pdf, 72 KB]

   ...such a person affect any relevant "interest protected or recognised by law"? 44.3 Even if there is a prima facie breach of s 27(2), could it be justified in terms of s 5 BORA? 45. As to the first issue, in light of the recent Court of Appeal decision in Chisholm v Auckland City Council (CA32/02 29 November 2002) it is not clear that an NZIS official making a "decline" decision is to be regarded as a "public authority" within the meaning of s 27(2) BORA. Th...

4. Ellison v Jones - Estate of Daniel Ellison [2021] Chief Judge's MB 150 (2021 CJ 150) [pdf, 366 KB]

   ...flaw identified, either 7 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209-225 (2009 CJ 209) and Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 163 through the production of evidence not available or not known at the time the order was made or through submissions on the law. [22] Section 47 of the Act provides for the remedy of consequent...

5. [2019] NZEnvC170 Cable Bay Wines Limited and Motukaha Investments Limited v Auckland Council [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: Decision No. [2019] NZEnvC l -=t-0 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act CABLE BAY WINES LIMITED & MOTUKAHA INVESTMENTS LIMITED Appellants (ENV-2018-AKL-000010) AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Commissioner I M Buchanan Commissioner J A Hodges 29 and 30 Au...

6. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6DB [2020] Chief Judges MB 632 (2020 CJ 632) [pdf, 327 KB]

   ...referred me to two decisions of the Māori Appellate Court issued in 1981 where there were attempts 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 642 to use s 438 to circumvent the restrictions of s 213.3 In both cases appeals from the Māori Land Court for not constituting such trusts were dismissed. In addition, Ms Batt argued that s 43...

7. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...termination were being adopted in light of serious problems arising from the economic difficulties and technological changes experienced in many countries in recent years. [50] Although New Zealand has not ratified the Convention, the Court of Appeal has recognised that s 66 of the Act gives effect to it.5 [51] Next, she referred to dicta in Canterbury Westland Free Kindergarten Assoc (t/a Kidsfirst Kindergartens) v New Zealand Educational Institute, which emphasised that “reas...

8. Te Manutukutuku issue 75 [pdf, 7.6 MB]

   ...judiciary. While Chief Judge of the Māori Land Court, Sir Joe served as Deputy and Acting Chairperson of the Waitangi Tribunal from 1999 to 2004 and then as Chairperson up to his appointment to the High Court in 2008. He was appointed to the Court of Appeal in December 2017 and as the first Māori judge of the Supreme Court in May 2019. Dr Aroha Harris was made a Member of the New Zealand Order Achievements and service recognised in the 2020 New Year honours list of Merit for se...

9. Tapsell - Succession to Pera Wikiriwhi or Pera Matataia [2021] Chief Judge's MB 1002 (2021 CJ 1002) [pdf, 485 KB]

   ...213-231 (2021 CJ 213-231). 24 Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209). 25 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2021 Chief Judge’s MB 1020 [16] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in...

10. Blaikie v Lawless - Lake Taupo Forest Trust (2022) 450 Aotea MB 247 (450 AOT 247) [pdf, 333 KB]

    ...pending substantive application, but it is not a substantial application in of itself. 5 4 Amended Application of Lake Taupō Forest Trust dated 20 May 2022, at [2]. 5 Keepa v Vercoe - Ruatoki B92 [2015] Maori Appellate Court MB 189 (2015 APPEAL 189) at [13]. 450 Aotea MB 250 [12] When a trustee seeks directions of the nature sought here, the prudent approach would be to file an application for a s 67 judicial conference either together with a substantive application...