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1. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...http://www.westlaw.co.nz/maf/wlnz/app/document?&src=search&docguid=Ic767f3809f3011e0a619d462427863b2&epos=1&snippets=true&fcwh=true&startChunk=1&endChunk=1&nstid=std-anz-highlight&nsds=AUNZ_CASES&isTocNav=true&tocDs=AUNZ_CASES_TOC&context=101&extLink=false&details=most&originates-from-link-before=false#FTN.3 3. I did not have any material evidence to present to the Court as the Ministry of Social Development is in the proces...

2. Environment Court annual report 2015 [pdf, 475 KB]

   ...4 Others 132 10 9 9 6 5 12 6 15 30 17 4 9 Plan Appeal 150 15 15 28 3 11 6 10 11 13 6 17 15 Total 415 39 36 47 28 26 32 21 31 60 33 34 28 CASES OUTSTANDING Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Consent Appeals 127 126 121 117 104 103 101 103 115 107 103 102 108 Others 83 82 88 83 89 89 99 97 92 78 69 78 78 Plan Appeals 194 212 245 221 225 224 221 243 240 228 227 210 198 Total 404 420 454 421 418 416 421 443 447 413 399 390 384 Plan & Policy Statement Appeals At 30 Jun...

3. Manning - Kirikiri Pawhaoa B2A1 (2010) 5 Taitokerau MB 234 (5 TTK 234) [pdf, 56 KB]

   ...Court intended to permit the trustees to breach the Act. Sections 64 and 64A of the Trustee Act 1956 do not permit variations to trusts that breach a statute. In any event, the Trustee Act 1956 must be read subject to Part 4 of the Act as per s 101: 5 Taitokerau MB 244 All other enactments and rules of law relating to— (a) Applications for and grant of administration of estates of deceased persons; and (b) The administration of such estates; and (c) The bringing...

4. Richards - Karaka Huarua A and B (2010) 10 Taitokerau MB 94 (10 TTK 94) [pdf, 85 KB]

   ...right to nominate one trustee to the overarching ahu whenua trust and those two trustees would then nominate a third trustee. Mr Jefferies and Mr Wilson were then to assist the trustees to prepare a land management plan. 10 Taitokerau MB 101 [28] Notwithstanding the meritorious aims of the amended application, it faces several hurdles. [29] First, the amended application presupposes that the original application was to partition and occupy both Karaka Huarua A and B. Bu...

5. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...originally provided on a gratuitous basis, such a payment is permitted under ss 121(1) and 80(1) on application by the injured person, as such care is congruent with the purposes of the Act and the objectives of the rehabilitation provisions. [44] At [101] to [103]: The ACC Policy Committee document dated 14/9/04 in respect of payments to be made following the Campbell and Handley judgement confirmed that back payments for attendant care could be made under ss 121 and 80...

6. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...impartial mind to the resolution of the issues in the present proceedings. [17] The recusal application is accordingly dismissed. [18] In any event the issue is largely academic: [18.1] Ms J Grant is no longer a member of the Panel maintained under s 101 of the Human Rights Act as her term of appointment expired on 8 November 2012. [18.2] Ms Scott is not available for the hearing in May 2014 owing to other professional commitments. [19] In the result, the only member common to the...

7. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

   ...implement the retention principle was activated. [44] Both parties have indicated that they are still prepared to negotiate or provide a right of first refusal. I note that Airways prefers to go to the market now and offer the right 60 Tairawhiti MB 101 of first refusal to the respondents, but I consider that this is not in the interests of justice at this time. [45] The relationship of the respondents with Awapuni and the fact that 1F and 1F3 were taken from the Māori o...

8. ENV-2016-AKL-000TBA Vernon v Auckland Council [pdf, 184 KB]

   ...Form 6 Notice of appeal to Environment Court Section 156, Local Government (Auckland Transitional Provisions) Act 2010 To: The Registrar Environment Court Specialist Courts and Tribunals Centre Level 2, 41 Federal Street, Auckland 1010 PO Box 7147, Wellesley St., Auckland 1141 unitaryplan.ecappeals@justice.govt.nz 1. I, K Vernon, appeal against decisions of Auckland Council (the Council) on the Auckland combined (Unitary) plan (the proposed plan). 2. I have th...

9. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

   ...respondents, and the acceptance of those without challenge, means that the effects will be the same whether an order is made or not. [37] I do not accept that there are substantial differences between the effect of the Walden v Auckland CC [1990] NZRMA 101 12 abatement notices and the order sought by the applicants. I do not see any realistic basis on which the second or third respondents could undertake earthworks in a way that would not result in the first respondents or Mr Ev...

10. BORA Te Ture Whenua Māori Bill [pdf, 218 KB]

    ...descendants, the Bill limits section 19 of the Bill of Rights Act. The issue is one of intra- 7 That is, those biological relationships not affected by adoption. 8 Clauses 16, 25, 48, 59, 96, 100, 101, 141, and 292 detail these benefits. 9 Under section 16(2) of the Adoption Act 1955, a person who is adopted severs legal ties with their birth parents and is in law considered as a natural child of the adoptive parents. ground di...