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1. CAC407 v Towers [2016] NZREADT 24 [pdf, 142 KB]

   ...proceedings. [11] In Hart v Auckland Standards Committee No. 1 and New Zealand Law Society [2013] NZHC 83 The NZ Lawyers and Conveyancers Disciplinary Tribunal declined Mr Hart’s application for an adjournment based on his claim that he was unwell. On appeal the High Court said at paragraph [23] that the Court must balance the reason for the non-attendance, the impact upon Mr Hart in proceeding in his absence, and his right to a fair hearing against the reasons for his absence. [12]...

2. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...consider the implications of a partition should they wish to proceed down that path. Voting at meetings [26] Another issue that arose during the hearing was the matter of voting at meetings of beneficial owners. There is authority from the Court of Appeal, the Māori Appellate Court and this Court that supports the following propositions: (a) The Māori Assembled Owners Regulations 1995 do not apply to general meetings of owners called by trustees of a trust constituted under part...

3. Kiriona v Groot - Kawerau A Section 13 and others (2022) 273 Waiariki MB 182 (273 WAR 182) [pdf, 245 KB]

   ...a trustee. (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). [25] In Clarke v Karaitiana, the Court of Appeal confirmed that the Māori Land Court has wide supervisory and enforcement powers under s 238:10 ... Apart from the inherent jurisdiction enjoyed by the High Court and conferred on the Māori Land Court by s 237, the Māori Land Court ha...

4. Wirihana-Tawake v Tawake - Rangitatau 1D5A1 Reserve (2021) 432 Aotea MB 122 (432 AOT 122) [pdf, 251 KB]

   ...removal unless the evidence is so compelling as to a 4 Rameka v Hall [2013] NZCA 203 5 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 6 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM127010#DLM127010 https://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM127016#DLM127016 https://www.legislation.govt.nz/act/publi...

5. Welsh v Welsh - Taiharuru 4C3D [2024] Chief Judge's MB 1 (2024 CJ 1) [pdf, 288 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.2 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [16] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:3 2 Tau v Nga Whanau O Morven & Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 3 Inia v Julian [2020] NZ...

6. [2024] NZEmpC 48 Ugone v Star Moving Ltd [pdf, 228 KB]

   ...the person in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [15] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector), the Court of Appeal referred to a range of factors to consider in assessing sanctions under s 140(6).6 [16] The factors referred to by the Court of Appeal are not exhaustive but include the nature of the default (that is whether it is deliberate or wil...

7. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...reinstatement in the Authority. [43] Mr Caisley submitted that it is well established that the Court can determine Authority costs on a challenge, referring to Maheta v Skybus (NZ) Ltd (formerly Airbus Express Ltd).12 The dicta of the Court of Appeal in that judgment related to a case where the entire relationship problem had been placed before the Court by means of a challenge. The Court of Appeal said that in those circumstances, the Court could resolve the issue of costs in t...

8. Raumati - Urenui Pā (Lot 2 of Part Subdivision 3 of Section 24 Block IV Waitara Survey District) (2017) 374 Aotea MB 252 (374 AOT 252) [pdf, 272 KB]

   ...360 Aotea MB 289-297 (360 AOT 289-297) 4 See Mato – Nukutaurua 3C3B (1987) 32 Gisborne Appellate Court MB 217 (32 APGS 217); Muraahi v Phillips – Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2013] Maori Appellate Court MB 528 (2013 APPEAL 528); and Yates – Te Kohanga Lots 1, 3 -27 (2013) 63 Taitokerau MB 299 (63 TTK 299) 5 Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) 374 Aotea MB 254 [9] That section does not provide any guidance as to the matters the...

9. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

   ...Mr Ryan for the plaintiff referred not only to Binnie but also to Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305 (CA) and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), and submitted that these “triumvirate” of Court of Appeal decisions have established the principles to be applied by the Employment Court in fixing costs. He submitted that the first step is to decide whether the costs actually incurred were reasonable and to make adjustments if they were n...

10. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

    ...[2013] NZCA 203 5 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 6 Ellis v Faulkner - Poripori Farm A (1996) 57 Tauranga MB 7 (57 T 7) 7 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) 89 Tākitimu MB 87 appeal could have been filed. That has not occurred, and it has been almost been two years since the issuing of those orders in 2019 so those appointments stand. [20] Regarding Mr Puna’s nonattendance...