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1. August National Panui 2021 [pdf, 3.4 MB]

   Contents: Applications for hearing in AUGUST | HERE-TURI-KÖKÄ 2021: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz AUGUST | HERE-TURI-KÖKÄ 2021 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For

2. [2010] NZEmpC 87 Melville v Air New Zealand Ltd [pdf, 56 KB]

   ...ERNZ 388 at p 395, per Finnigan J. 12 [1994] 2 ERNZ 309. always just to allow an employee to submit a personal grievance because every time leave is refused a potential injustice is done. Mr Lloyd properly noted that the Court of Appeal in that case found that the Chief Judge went rather too far: see GFW Agri-Products v Gibson.13 I agree with Mr Lloyd that any considerations in balancing justice must necessarily be based on the evidence put before the Court. I still...

3. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...settle or mediate the dispute between the persons. [28] Ms Russell submitted: 31. The meaning of “dispute” for the purpose of the common law version of the privilege protecting settlement negotiations was considered by the UK Court of Appeal in Barnetson v Framlington Group Ltd [2007] 1 WLR 2443. The Court stated at [34] that: ...the crucial consideration would be whether in the course of negotiations the parties contemplated or might reasonably have contemplated litig...

4. Moetara - Pakanae 2Y3A (2014) 88 Taitokerau MB 242 (88 TTK 242) [pdf, 145 KB]

   ...Whānau Trust given that the Whānau Trust is established solely for Hana (and Jack Moetara’s) descendants. 9 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 2013). 10 Ibid at [27]. 88 Taitokerau MB 248 [18] The applicants also rely on the significant support in favour of the application both from those entitled to succeed and those who are trustees on the Ahu Whenua Trust...

5. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   ...104(1)(a). Ecological issues 15. The ecology witnesses caucused on 19 and 27 August 2014, and prepared a Joint Expert Witness Statement Coastal Ecology and Anti-fouling.'° 6 Batchelor v Tauranga District Council (1992) 1 NZRMA 266, affirmed on appeal Batchelor v Tauranga District Council (No 2) [1993]2 NZLR 84; (1992) 2 NZRMA 137 (HC). 7 Aquamarine Ltd v Southland Regional Council (1996) 2 ELRNZ 361; LewislGreve Authorities 1. 8 Ibid, at page 366. 9 Poynter EIC, at paragraph 1...

6. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been briefed quite recently is of no concern to us here and even t...

7. Taueki v Horowhenua District Council – Horowhenua (11) Lake (2012) 294 Aotea MB 236 (294 AOT 236) [pdf, 260 KB]

   ...the surrounding land is complex and this oral decision need not be encumbered with that detail. For present purposes however, a useful summary of background facts relevant to the proceedings can be found in the recent judgment of the Court of Appeal Taueki v R which is now reproduced in full for convenience: 4 [5] Mr Taueki is a member of the Muaüpoko iwi whose members, as we shall discuss, are the owners of the lake bed and relevant land. For these purposes, the starting po...

8. CAC 10073 v Cho [2013] NZREADT 93 [pdf, 141 KB]

   ...unsatisfactory conduct. 11 [48] Accordingly, we simply record that we have found the defendant guilty of unsatisfactory conduct on each charge. [49] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C...

9. Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20 (266 AOT 20) [pdf, 145 KB]

   ...a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [28] Recently the Court of Appeal in Clarke v Karaitiana considered the application of this section and the breadth of this Court’s discretion on whom to appoint and the basis for so doing. 12 That Court affirmed the principle that the discretion to appoint is not un...

10. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

    ...Authority at Wellington; [b] $1,500 as a contribution towards our expenses payable to the Tribunals Unit, Ministry of Justice, 86 Customhouse Quay, Wellington. [57] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member _________________________...