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1. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 163 Aotea MB 99 (163 AOT 99) [pdf, 1.4 MB]

   ...understand the full exient of their duties and in particular those referred to above. [28] The practice of holding meetings that effectively excluded a significant number of trustees is inexplicable. Likewise, the notion that the trustees were permitted to continue operating without annual general meetings of beneficiaries as required by the Regulations. Another concern must be the practice of paying fees and expenses without the approval of the Court or the beneficiaries in circums...

2. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...strike out must be used sparingly and if a defect in a claim can be cured, an amendment of the statement of claim is preferred to striking out the claim.24 Where a defect in a statement of claim can be cured by amendment, a court will generally permit such an amendment rather than striking the pleading out. In Marshall Futures Ltd v Marshall Tipping J said:25 It seems to me that in a case where the Plaintiff can undoubtedly start again, being within time, the Court should only str...

3. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

   ...of support for the application among the owners having regard to the nature and importance of the matter and having regard to the principles in the Preamble, s 2 and s 17 of the Act. There is no room in our opinion for an approach which would permit the encumbering of Māori land without the owners’ knowledge or consent. [23] Accordingly, the applicants need to demonstrate that there is a sufficient degree of support for the water easement among the owners of each of Panguru A16...

4. OIA-106912.pdf [pdf, 1.8 MB]

   ...Abduction which will be held on the 2nd April 2007 in Wellington. This conference will be limited to counsel instructed by the Central Authority to represent applicants. We believe the small group format with experts and experienced personnel permits a level of detailed discussion which may be lost if the workshop grows too big. I attach a letter from Principal Family Court Judge Peter Boshier supporting this workshop and encouraging attendance at the conference. The workshop will b...

5. Deputy Registrar - Orongotea B no 1 (2008) 125 Whangarei MB 36 (125 WH 36) [pdf, 4.7 MB]

   ...illOilgage endorsed and noted, the registration of the illOilgage was effective and Land Transfer Act indefeasiblity overrode section 233. [1 6] In commenting on the policy of section 233 Justice McGeehan observed (page 674): "If I may be permitted perhaps a small and respectful quibble more as to emphasis than anything else, I rather think the sanction depriving instruments not endorsed of force and effect reflects a promotion of administrative convenience rather than deep lega...

6. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...attempts by a large number of members, holding a large proportion of shares in a company, to give voice to their wishes through the machinery of a meeting. I have little sympathy with directors who, having chosen to disregard the spirit of sec 137 [permitting shareholders to requisition a meeting], attempt to take technical points to prevent shareholders validly assuming the initiative in summoning a meeting.‖ 12 Samuels – The...

7. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 KB]

   ...acting for the vendor. Land covenants issue [17] The Committee noted that the land covenants that had been registered against the titles to the lots in the subdivision, except Lot 11 retained by the vendor: (a) Concerned the type of dwelling permitted to be built on the subdivision lots; and (b) Did not contain covenants designed to protect the views from the lots. [18] The Committee disagreed with Mr HJ’s submissions that because he had not been consulted by Mr and Mrs BL...

8. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...cases have pointed out, the statutory consequence of mandatory reporting of a teacher’s resignation or dismissal in such circumstances, with the potential consequences of deregistration, will also be a factor in determining whether it is just to permit the grievance to be examined on its merits. [47] The Board’s strongest argument against doing so is what it claims was the agreement entered into between the parties on 5 and 6 October 2010 that in return for resigning and receivi...

9. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...the effects of climate change, and the benefits to be derived from the use and development of renewable energy. New Zealand’s highest Court, the Supreme Court, has held by majority that consent authorities including the Environment Court are not permitted in decision making, to take account of the effects on climate change, of burning fossil fuels; instead that activity is to be controlled or regulated under other legislation. 2 The nature of the cases before the Environment Court...

10. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

    ...final submissions. [23] Mr MacRae for McCallum Bros then advised the Court that they intended to file an application for strike out in respect of the MKCT evidence and as a party on the basis that they were a trade competitor. 14 Coastal permits: ARC28165, ARC28172, ARC28173 and ARC28174 15 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130; McCallum Bros Limited v Auckland Council [2023] NZEnvC 138. 16 The Court received notice that the mid-shore appeal would be withd...