IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
CIV-2015-454-39 [2016] NZHC 1847
UNDER the District Courts Act 1947, ss 72(1), 75,
76(1)(a), 76(1)(b)(i) and (ii), 76(1)(c), Bill of Exchange Act 1908, s 10(2), High
Court Rules 2005 r 7.55(1), District Court Rules 2009, Crimes Act 1961, Judicature Act 1908, Bill of Rights Act 1990, ss 14,
27, 28, 29, Animal Welfare Act, Magna Carta 1215, Human Rights Act 1993, Property Law Act 2007, Securities Act
1978, Personal Properties Act 1999, Interpretation Act 1979 and not limited to others supporting the intent of this application by appellant in accord with law or by lawful amendment
IN THE MATTER OF
judgment decision dated 23 February 2015 by District Court Palmerston North
CIV-2011-054-0533
BETWEEN
FREDERICK PIRIPI KINGI HILL Appellant
AND
MĀORI TRUSTEE Respondent
On papers Judgment:
9 August 2016
JUDGMENT OF DOBSON J [Leave to appeal]
[1] In a judgment issued on 4 March 2016, I dismissed Mr Hill’s appeal from a
judgment of the District Court at Palmerston North delivered in February 2015.1
HILL v MĀORI TRUSTEE [2016] NZHC 1847 [9 August 2016]
[2] On 22 April 2016, Mr Hill filed in the Wellington Registry of this Court a first application for leave to further appeal to the Court of Appeal.2 No attempt was made in that document to identify any issue of sufficient importance to warrant the grant of leave for a second appeal.
[3] A second application for leave to appeal to the Court of Appeal was filed on
27 April 2016. The document was dated by Mr Hill 10 March 2016, but there is no explanation for the delay between its dating and its filing, also in the Wellington Registry of the Court. That document is 16 pages long. It contains a critical commentary of single paragraphs or groups of paragraphs of a substantial part of my judgment, and foreshadows a re-running of the arguments, all of which I found to be entirely without merit.
[4] A third document, also filed with the Wellington Registry of the Court on
2 May 2016, sought a stay of the enforcement of my judgment. Apart from ending with the statement that the Court of Appeal “… is awaiting on the High Court to determine a leave to appeal application”, the document did not address grounds on which the Court might consider a grant of leave for a further appeal.
[5] The respondent has filed a succinct notice of opposition to the original application for leave to appeal, contesting that there are any special reasons for granting leave for a further appeal, and contending that my judgment fully canvassed and considered all of the appellant’s documents and arguments.
[6] Mr Hill has not sought a hearing on his application for leave to appeal. However, I am advised by the Registry of the Court of Appeal that there has been a call in that Court of his application for special leave.
[7] I…
Keep reading for free
Create a free CaseChat account to read Hill v Māori Trustee and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZHC 1847
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.