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1. Hill v Maori Trustee - Mangatainoka 1BC2B3 (2016) 50 Takitimu MB 28 (50 TKT 28) [pdf, 214 KB]

   ...Trustee has obtained orders in the District Court cancelling the lease and for possession of the land. It has judgment against Mr Hill for unpaid rent and other costs in the sum of $87,423.33. In March this year, the High Court dismissed Mr Hill’s appeal from the the District Court judgment. 1 [4] The basis for Mr Hill’s application to summon a meeting of owners was not entirely clear so I set the matter down for a judicial conference after the normal list in Masterton on 10 June...

2. Proactive Release - Minute of decision for arbitrating commercial leases disputes [pdf, 607 KB]

   ...provide clear guidance on what other measures parties may agree to as a temporary change to support them both through the pressures caused by COVID-19; 3.5 require any disputes under the implied clause to be settled in arbitration; 4 noted that any appeals of an arbitral decision would be allowed under the grounds established in the Arbitration Act 1996; 5 agreed that the government will support parties to access arbitration in a timely and cost- effective manner through a government su...

3. Kidd v Grumball [pdf, 76 KB]

   ...TRI-2007-101-22 the Chair of the Weathertight Homes Tribunal said: 6. It is well established in New Zealand law that parties cannot re-litigate questions that have already been judicially determined. Authority for this can be found in the Court of Appeal decision of Shiels v Blakeley [1986] 2 NZLR 262 (at 266) where the Court stated: ―Where a final decision has been pronounced by a New Zealand judicial tribunal of competent jurisdiction over the parties to, and the subject-...

4. LCRO 6/2022 ZED Limited v RK (21 February 2022) [pdf, 194 KB]

   ...scope of review [42] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:11 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

5. [2015] NZEmpC 218 Corporate Energy Ltd (in liq) (formerly known as Corporate Energy Ltd t/a Caltex Glenbrook) v Singh [pdf, 78 KB]

   ...scale which this Court intends to adopt as a pilot commencing in the New Year. Until that pilot commences, the Court will continue to follow the normal principles applying in costs which have now been established in a number of Court of Appeal decisions. 2 Principles which can be elicited from those decisions are that costs will follow the event and that costs will normally be two-thirds of actual and reasonable costs. The Court retains its discretion and, depending upo...

6. Loach v Bidois - Matarikoriko No 7B2A - (2013) 312 Aotea MB 195 (312 AOT 195) [pdf, 164 KB]

   ...15 For examples see Craig v Kira - Wainui 2F4D (2006) 7 Taitokerau Appellate MB 1 (7 APWH 1), Hammond - Whangawehi 1B3H1 (2007) 34 Gisborne Appellate MB 185 (34 APGS 185), Whaanga v Niania - Anewa Block (2011) Māori Appellate Court MB 428 (2011 APPEAL 428), and Whaanga v Trustees of the Anewa Trust – Anewa Block (2013) Māori Appellate Court MB 45 (2013 APPEAL 45) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2007/Hammond%...

7. Eriha v Munro - Kairakau Lands Trust (2014) 32 Takitimu MB 84 (32 TKT 84) [pdf, 206 KB]

   ...sufficient degree of support for termination among the beneficiaries. [12] It is well settled that this Court’s supervisory powers in relation to trusts are extensive. In Proprietors of Mangakino Township v Māori Land Court the Court of Appeal commented: 4 [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our view impossible to see any bright line between ma...

8. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

   ...This is similar to cases such as enforcement cases, where parties sometimes have no option but to participate. [15] In Canterbury Cricket, the Court brought into this account some further factors, including thatlO in proceedings where any right of appeal is limited to points of law, it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, be thoroughly prepared. The Court also noted 11 differences in scop...

9. Albert – Lake Waikaremoana (2013) 74 Waiariki MB 276 (74 WAR 276) [pdf, 104 KB]

   ...agent, of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Cou...

10. AQ v KX & Anor LCRO 274/2013 (17 May 2016) [pdf, 57 KB]

    ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Nature and Scope of Review