Search Results

1. Audit Summary Report 2016-2017 [pdf, 433 KB]

   ...provided. Client communication is a similar area of difference between high and low rated files. Auditors expected reporting to the client to be completed after each event, and copies of signed instructions to be kept on file. For criminal files, appeal opportunities were expected in final reporting letters. While there are times where it is inappropriate to contain this information in writing, auditors were concerned that they were often required to guess if any communication had occur...

2. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...following children: Paratene Ututaonga ma Pereri Ututaonga ma Rapata Ututaonga ma Tame Ututaonga ma 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 553 Whare Ututaonga ma Wiremu Ututaonga ma Haki Ututaonga ma Roi Ututaonga ma Ihipera Ututaonga fa Mokeke Ututaonga fa Pani Ututaonga fa Maraea Ututaonga fa [15] The Court found that t...

3. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

   ...paragraphs (a) to (d). 3 See Ashwell – Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) and Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 4 Te Ture Whenua Māori Act 1993, s 108. Section 108 has since been amended by s 24 of Te Ture Whenua Maori (Succession, Dispute Resolution and Related Matters) Amendment Act 2020. 2021 Chief Judge’s MB 146 Kōreror...

4. Cranstone - Kauangaroa No 2 (2017) 366 Aotea MB 250 (366 AOT 250) [pdf, 318 KB]

   ...roadway over a Māori reservation in the absence of the consent of the beneficiaries. 7 Trustees of Tauwhao Te Ngare v Shaw - Tauwhao Te Ngare [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) 366 Aotea MB 257 [34] In that case I issued a minority judgment. I did not agree that the Māori Land Court could lawfully exercise the discretion to issue a roadway order over a Māori reservation without the consent of the b...

5. [2019] NZREADT 37 - Tafilipepe - penalty [pdf, 280 KB]

   ...by Ms Tafilipepe, we do not consider it necessary to make any orders as to completion of particular training courses. [51] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ________________ Hon P J Andrews Chairperson ________________ Ms N Dangen Member ___________...

6. 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...

7. Rophia v Tipene - Matua Porangahau No2B No 10 (2020) 86 Takitimu MB 84 (86 TKT 84) [pdf, 372 KB]

   ...was inappropriate for Mr Tipene-Matua to act contrary to the decision of a majority of trustees. The marae committee are only entitled to 4 Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) 5 Rameka v Hall [2013] NZCA 203 6 Robinson v Pett (1734) 3P WMS 249, (1734) 24 ER 1049; Bray v Ford [1896] AC 44; Boardman v Phipps [1966] 3 All ER 721; and Fenwick v Naera [2015] NZSC 68, [2016] 1 NZLR 354 at [70] – [73]...

8. Land Transport (Drug Driving) Amendment Bill [pdf, 202 KB]

   ...things, there are no statutory restraints of a person’s movements (accompanied by penalties for non-compliance).14 The existing breath-screening test (in relation to alcohol) is considered by the courts to amount to a detention.15 37. The Court of Appeal has held that a detention may be "arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures”.16 38. Unde...

9. Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) [pdf, 277 KB]

   ...owners support the application. 3 Bhana v Paniora – Wairau North 1B2C (2013) 69 Taitokerau MB 139 (39 TTK 139). 4 Whaanga v Niania – Anewa Block (2011) 2011 Māori Appellate Court MB 428 (2011 APPEAL 428). Although this case concerned an application for partition under s 288(2)(b), the relevant statutory language is identical to s 329(2)(b). 183 Waikato Maniapoto MB 52 [25] Not all owners who responded support the occup...

10. Complaints Assessment Committee 412 v Grewal, Preet & Co Real Estate Limited, Voordouw and Mason [2018] NZREADT 70 [pdf, 215 KB]

    ...Voordouw Mason - penalty [62] We do not consider it necessary, in either case, to make an order as to further education. [63] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _____________________ Hon P J Andrews Chairperson ____________________ Mr G Denley Member...