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1. Scott - Paremata Mokau A7A1 (Mokau Marae) (2017) 155 Taitokerau MB 135 (155 TTK 135) [pdf, 264 KB]

   ...stage two of the wharekai project. 38 The Proprietors of Mangakino Township v Māori Land Court CA65/99, 16 June 1999, Clarke v Karaitiana [2011] NZCA 154, Mikaere-Toto - Te Reti B and C Residue Trust [2014] Māori Appellate Court MB 249 (2014 APPEAL 249). 155 Taitokerau MB 154 meeting in 2015 where resolutions were passed that all existing trustees should stand down and new trustees should be elected. Nine people were elected five of whom are existing trustees. 39 The...

2. Sadaraka - Estate of Wiremu Te Hira Jack Kino [2016] Chief Judge's MB 880 (2016 CJ 880) [pdf, 386 KB]

   ...Accordingly I make the following orders pursuant to Te Ture Whenua Māori Act 1993: (a) Section 44(1) amending the following orders in the manner stated: 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2016 Chief Judge’s MB 898 (i) 59 Tauranga MB 56-57 dated 30 September 1997 Mataitai 1A2B2B2 (4.7500 shares) 1) Change the proportion of Linda Titihuia Willia...

3. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

   ...began acting for the respondents, his experience “included 45 commercial litigation cases resulting in judgments” most of which, if not all, were High Court cases. Mr KQ further deposed that at least one of the matters went to the Court of Appeal several times and the Privy Council.1 [15] The applicants say that the respondents requested their matters be allocated to Mr KQ, because he had a lower hourly rate ($250 per hour) compared to partner rates (up to $450 for Mr AZ). The...

4. E35 Peter Kensington - Landscape - EIC - Council [pdf, 2 MB]

   ...prior to joining the Auckland Council. From November 2012 to October 2017, I was a Principal Planner in the Hearings and Resolutions team of the Council’s Resource Consents Department. In that role, I was responsible for the case management of appeals, direct referrals, judicial reviews, objections, hearings and independent duty and hearings commissioner processes in relation to applications for resource consent(s) associated with the geographic area generally defined by the then...

5. Pirikahu v Hohaia - Awanui Haparapara No 1 (2021) 253 Waiariki MB 112 (253 WAR 112) [pdf, 297 KB]

   ...the block order file, list of owners and memorial schedule all 5 Deputy Registrar v Graham – Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) 6 Nicholas v Gibbons - Poike 8E [2019] Māori Appellate Court MB 68 (2019 APPEAL 68) https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?search=sw_096be8ed81a8262f_241_25_se&p=1&id=DLM291293#DLM291293 253 Waiariki MB 118 record the trust as still in existence. Mr Koning argued an...

6. The Registrar - Te Ahitainga No1 Sec 10 C (2018) 72 Tākitimu MB 255 (72 TKT 255) [pdf, 350 KB]

   ...to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 3 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 4 6 Taitokerau MB 139 (6 TTK 139) at 141. 72 Tākitimu MB 265 [49] In relation to those factors and in relation to the various background facts that I have already set out, I would add the following observations and not...

7. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...settlement process, including fisheries, during the last decade or so, it would appear that marae have assumed a greater prominence in the affairs of iwi and hapū. Surprisingly, these concerns were touched on, if only briefly, by counsel during the appeal hearing and also by the Applicant himself during the lower Court proceedings. However, we are not concerned with such matters. They are irrelevant for our purposes and we have not given them anything other than fleeting considera...

8. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [49] It is trite law that the paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal confirmed that: 19 [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 administration and ma...

9. [2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors [pdf, 324 KB]

   ...minimum rate. As is also clear, “that” minimum rate is a reference to the rate of wages prescribed under the 22 Faitala v Terranova Homes & Care Ltd, above n 11, at [39]. The observation was subsequently endorsed by the Court of Appeal in Terranova Homes and Care Ltd v Faitala, above n 12, at [28]. Act, namely the prevailing minimum rate of wages prescribed under ss 4, 4A or 4B.23 Relevantly, s 6 must be read subject to s 7. And, as s 6 also makes clear, it...

10. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

    ...Fendall was providing “regulated services”. Ms Dew’s analysis proceeded along the lines of the Tribunal’s analysis of this issue in Orlov at first instance. But it is to be noted that that reasoning was overturned by the High Court on appeal. [39] Ms Dew submitted that Orlov and Deliu were distinguishable in that “the conduct was directly connected to Mr Orlov and Mr Deliu’s provision of legal services to clients, their relationship with the courts and the judiciary a...