Search Results

1. Falwasser v Olsen - Matata Parish 6A (2014) 107 Waiariki MB 74 (107 WAR 74) [pdf, 150 KB]

   ...trustees add they have undertaken a lengthy process in coming to their decision to enter into the lease which has included consultation with some of the beneficial owners. [4] At the outset I note that the applicant has referred to a number of resource consent issues. Those matters are outside the jurisdiction of this Court. The Court is also aware that matters in relation to the Waste Water Treatment Plant are proceeding through the Environment Court. It is understood that the...

2. Morrison - Te Kaha No.2C Block (2014) 105 Waiariki MB 183 (105 WAR 183) [pdf, 205 KB]

   ...understanding (“MOU”). That memorandum was to record issues such as respecting wāhi tapu, that the land would be inalienable, that the Teddy and McRoberts Whānau association with the homestead would be acknowledged and that access to customary resources for them would be permitted. [14] There was no cross-examination of the applicant based on her affidavit dated 5 November 2012, but Mr Kahukiwa made submissions and reiterated relevant points therein noting inter-alia that:...

3. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson numbered [pdf, 994 KB]

   ...descendants of Rawiri Takurua of Ngāti Hura. Although the land at Matiatia Bay – particularly the Te Huruhi 11 Block Ahipao, and the Te Huruhi 12 Block, were systematically alienated from Ngāti Hura, Ngāti Paoa are still recognised through the Resource Management Act and Auckland Council as holding guardianship over these areas. 13. It is important to describe Ngāti Paoas’ interests in Waiheke through a summarised historical account of events linked to our occupation of W...

4. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

   ...described as “the balance of the risk of doing an injustice”. 9 8 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 9 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 93 Taitokerau M...

5. Hape v Smith - Part Te Pupuke K No 2 (Māori Reservation) (2015) 99 Taitokerau MB 174 (99 TTK 174) [pdf, 189 KB]

   ...Mr Smith acted in breach of trust? [46] Ms Rudolph gave evidence of a concern she says is held by a number of trustees and beneficiaries that Mr Smith has acted in breach of trust. [47] In summary, she says that Pacific Marine Fisheries sought resource consent to operate an oyster factory. As part of that process they had to consult with local tangata whenua. Mr Smith was nominated to consult with Pacific Marine Fisheries on behalf of the marae. In the course of those dealings...

6. [2013] NZEmpC 109 Baker v St John Central Regional Trust Board [pdf, 155 KB]

   ...172 (CA) at [53] affirmed by Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385 at [20]. timesheets and payroll records. I accept that the way in which the plaintiff’s claim was pursued necessitated the application of additional resources. The Court was assisted at the hearing by the analysis undertaken by Ms Walker, a witness for the defendant. I have already taken this factor into account in assessing reasonable costs. [35] I do not consider that the fact the...

7. [2013] NZEmpC 147 Ramkissoon v Commissioner of NZ Police [pdf, 103 KB]

   ...front line/shift work duties; contacted him at home while he was on sick leave in that regard and required him to provide further details of his illness; falsely asserted that he was using industrial blackmail; allowed an identified human resources manager to have an active role in his rehabilitation management and grievance when that person had a conflict of interest, having been the object of his earlier grievance; instigated an investigation against him while he w...

8. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...engagement has been made then the trustees are ordered to immediately notify the Executive Officer that the appointment process is now subject to injunction and investigation by the Court and accordingly no further steps will be taken to use any trust resources including trust funds concerning such appointment or engagement until further order of the Court. [33] A hearing of the application will be set down during the 9-10 May 2012 sitting of the Court at Hastings at some convenient...

9. Procter - Horowhenua 11 (2012) 293 Aotea MB 165 (293 AOT 165) [pdf, 160 KB]

   ...off of the two vehicles had been accepted by the beneficiaries. It will be remembered that in a decision issued in 2005 I also recorded that the performance of the then trustees left much to be desired and that accountability for use of trust resources, primarily funds, was not in accord with best practice. Of those trustees only Mr William Taueki and Mr Matakatea remain in office to this day. [19] In any event, the beneficiaries who took part in the election process who attende...

10. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

    ...20 November 2015; Ms Nee proposed that she be paid $750 plus GST and disbursements on the basis that the challenge be discontinued. The offer remained open to 26 November 2015 and was not accepted. [41] It is well established that the scarce resources of the Courts should not be hindered by litigants who reject reasonable settlement offers, and who proceed with litigation and fail to achieve a better outcome. 18 [42] I find that it is likely Ms Nee’s costs at the time of the...