Search Results

1. Naera v Fenwick - Whakapoungakau 24 Block (2016) 154 Waiariki MB 254 (154 WAR 254) [pdf, 156 KB]

   ...directing the convening of a meeting of owners for the purpose of consultation on the power project and additional orders for disclosure and confidentiality. It is against that background, along with the subsequent issue of a substantive decision and appeals to the Māori Appellate Court, the Court of Appeal and the Supreme Court, that the present application for relief now arises. [14] The judgment of the Supreme Court makes it perfectly plain that one possible remedy open to th...

2. Bishop - James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust (2017) 56 Tākitimu MB 94 (56 TKT 94) [pdf, 314 KB]

   ...must be balanced within the broad overview of the advantages or disadvantages of termination. 10 7 Larkins v Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 8 Ibid at [30] 9 Chambers v Keepa - Te Hinau a Pura Whanau Trust (2016) 350 Aotea MB 74 (350 AOT 74) at [45]; Rata – Te Rongoroa A7 Block (1991) 13 Aotea Appellate MB 228 (13 APWG 228) at 244 Morgan – Tautuku Block XIII...

3. [2020] NZEmpC 182 FVB v XEY [pdf, 203 KB]

   ...prospects of employment, regardless of the outcome of the case.11 [13] The risks of weaponised public shaming, including on social media, when names are made public is another modern development that has recently been recognised by the Court of Appeal.12 While the Court of Appeal was dealing with an application for an order under s 200 of the Criminal Procedure Act 2011, and the applicant was young and with characteristics not present here, the risks identified arise more broadly...

4. Kake - Estate of Kiriwai Ihaia (2007) 118 Whangarei MB 256 (118 WH 256) [pdf, 1.7 MB]

   ...accommodate tikanga Maori as it relates to whangai, the COUlt can only make an order under section 115 if it accords with tikanga Maori or, at least, does not offend tikanga Maori. I refer to the helpful discussion by the Maori Appellate Court in Re An Appeal by Waimallia HallUa 10 AFRO 43. Discussion [17] The evidence establishes that Monica Kake was the only whangai child of Kiriwai Ihaia. I was told that during her lifetime Kiriwai Ihaia expressed the wish that her land interes...

5. Factsheet Family and Whanau Violence Legislation Bill [pdf, 193 KB]

   ...severity of family violence there have been changes to the Sentencing Act 2002 to add offending while subject to a protection order, against a protected person under that order, as an aggravating factor. If a protection order is issued at sentencing any appeal seeking to have it removed will be an appeal against the sentence, not the protection order. The court will also share information with service providers when a protection order is made as part of sentencing. Information Sharin...

6. Flutey v The Executors of the Estate of Jim Huirua Sullivan - Papatupu 2A No 2 (2017) 366 Aotea MB 263 (366 AOT 263) [pdf, 270 KB]

   ...consider whether an award of costs should be made. If the answer is yes, then it should go on to consider the appropriate quantum of costs. 4 3 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). See also Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate Court MB 216 (7 APWH 216) 4 See also Monschau v Bamber – Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust [2016] Māor...

7. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

   ...against any of the parties or against any of the tenants. Having heard the matter, further orders were made and the matter was adjourned to a further hearing on 5 December 2016. [3] There was also an earlier decision2 relating to an abatement notice appeal, which was dismissed and was the subject of a High Court appeal decision. 3 All of those decisions need to be read together to give the background to this matter. Process [4] Nevertheless, by a decision issued on 16 December 201...

8. Complaints Assessment Committee 410 v Dai [2017] NZREADT 18 [pdf, 104 KB]

   ...any of the Authority’s requirements for reinstatement or revival of her licence. [26] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _____________...

9. [2019] NZEnvC 142 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 142 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act DARBY PLANNING LIMITED PARTNERSHIP (ENV-2018-CHC-150) and all other appellants concerning Topic 1 of Stage 1 of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respo...

10. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

    ...initiated invariably by owners or other trustees. Such proceedings are often connected to applications for removal of trustees, for review of trust as well as for the replacement of trustees and the termination of trusts. The decision of the Court of Appeal http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T20111166951&backKey=20_T20111166959&homeCsi=274497&A=0.04523016488630749&urlEnc=ISO-8859-1&&dpsi=0069&remotekey1=REFPTID&refpt=1...