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1. Tau v Tahere - Rangihamama X3A (2016) 137 Taitokerau MB 68 (137 TTK 68) [pdf, 494 KB]

   ...licence to occupy the land? [100] It is clear that a formal arrangement was never entered into granting the Tahere whānau a right to occupy the land. There is no occupation order, lease, residential tenancy, or other written agreement in place. [101] It is also clear that there has been a long history of dealings between the trustees and the Tahere whānau concerning their occupation of the land. [102] The question arises as to whether the action, or inaction, of the trustees ov...

2. [2019] NZEnvC 032 Tauranga City Council v Minister of Education [pdf, 917 KB]

   'BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC032- of the Resource Management Act 1991 of an appeal pursuant to s 174(1) of the Act TAURANGA CITY COUNCIL (ENV-20 18-AKL-007) Appellant MINISTER OF EDUCATION Respondent Principal Environment Judge L J Newhook Environment Judge D A Kirkpatrick at Auckland on 19 November 2018 P M S McNamara and T R Fisch

3. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 84 of the Resource Management Act 1991 of an application for declarations under section 311 of the Act KILMARNOCK FARM LIMITED (ENV-2018-CHC-162) Applicant CANTERBURY REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson (Sitting alone under section 309(1) RMA) Hearing: at Christchurch on 15 October 2018 Appearances: K G Reid and N

4. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...action or uphold it and impose one or more sanctions.5 [100] The sanctions that may be imposed by the Tribunal are set out in the Act.6 The focus of professional disciplinary proceedings is not punishment but the protection of the public.7 [101] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravi...

5. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 46 Reference No. HRRT 002/2015 UNDER THE PRIVACY ACT 1993 BETWEEN PAKI TOIA PLAINTIFF AND DEPARTMENT OF CORRECTIONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Mr P Toia in person Mr AW Taylor (applicant to be heard) in person Mr MJ McKillop for defendant Ms I Zadorozhnaya

6. Mr-Rasheeds-Submissions-of-37-Families.pdf [pdf, 619 KB]

   ...“circumstances” surrounding it. If an issue 2 Legislation Act 2019, s 10(1) 3 Wallace v Attorney General [2021] NZCA 506 at [275]. 4 These being a matter for inquiry under s 57(2) of the Coroners Act. 5 Osman v United Kingdom [1998] ECHR 101, cited by the Chief Coroner in the Minute at [60]. 6 See R v Fitzgerald [2021] NZSC 131, in particular Winkelmann CJ at [36] to [57]. 5 relating to any of the listed matters is to be excluded from scope, there must be a legitima...

7. Review of the Foreshore and Seabed Act 2004 Analysis of Replacement Regimes [pdf, 465 KB]

   ...customary use, activity or practice which does not necessarily depend on underlying ownership of the land. 20 Pākia Ki Uta, Pākia Ki Tai: Report of the Ministerial Review Panel (Vol 1) 2009 p 101. REVIEW OF THE FORESHORE AND SEABED ACT 2004: ANALYSIS OF REPLACEMENT REGIMES IN CONFIDENCE - EXTRACTS SUBJECT TO LEGAL PRIVILEGE Page 13 of 32 Policy options 38 The four policy options for replacing the 2004 Act identified in...

8. [2024] NZIACDT 17 – LB v Luv (23 May 2024) [pdf, 298 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Immigration Advisers Licensing Act, s 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] and [112]. 16 [59] In a Minute (1 December 2023), the Tribunal directed a hearing be held concerning the first and second heads of complaint only. From the Registrar [60] There is a statement of complaint (2 October 202...

9. [2023] NZEnvC 186 Lund v Dunedin City Council [pdf, 1.1 MB]

   ...site after the 2004 decision [38] The trust purchased the site at the end of 2005, aware of the 2004 decision. Mr Lund’s evidence referred to various passages in that decision and states that it 11 At [96]. 12 At [97]. 13 At [63]. 14 At [101]. 11 gave him confidence that a “more benign industrial use than the existing brick manufacturing” would be possible given the proximity of other non-residential uses, all of which had been referred to in the 2004 decision. [39...

10. LCRO 86/2022 PR v KG and VW (12 November 2024) [pdf, 499 KB]

    ...into account all of the factors set out in r 9.1.21 [66] The Committee noted that the firm’s terms of engagement were ‘not particularly helpful’22 because of their generic nature. 16 At [97]. 17 At [99]. 18 At [100]. 19 At [101]. 20 At [105]. 21 The r 9.1 factors are set out in paragraph [121] of the Committee’s determination. 22 Standards Committee determination, above n 4, at [124]. 14 [67] The Committee “was satisfied that the parties had agr...