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1. [2019] NZEnvC 127 Taylor v Selwyn District Council [pdf, 3.4 MB]

   ...helicopter movements, GPS and log book records being held, bund construction and planting and the concession of permitted activity helicopter movements and inclusion of visiting helicopters. [3] The court has now read and considered the following filed in support of the orders sought: (a) memorandum of counsel for the respondent, dated 27 May 2019; (b) memorandum of counsel for Martell Family Trust, Hohepa Homes Trust Board and Keith and Margaret Nicol, dated 6 June 2019; ( c)...

2. LCRO 133/2019 HM v RN (24 February 2020) [pdf, 117 KB]

   ...Officer (LCRO) to strike out an application for review if satisfied that it discloses no reasonable cause of action. [20] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necessitate any further submission from either party. On the basis of the information available I have con...

3. Wharerau v Wade - Whakarewarewa Lot 29 Block (Wāhiao Meeting House) (2020) 232 Waiariki MB 44 (232 WAR 44) [pdf, 276 KB]

   ...trustees appeared to be performing satisfactorily, and the trustees indicated that they would hold an annual general meeting for the election of trustees. The application was dismissed on 22 June 2016.7 [8] On 29 March 2017, the respondent filed a further application seeking an inquiry into the administration of the Māori Reservation.8 Two of the issues raised in this application, amongst others, was the lack of a marae charter and the need for the appointment of further...

4. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...already paid that exceeded the $3000 pursuant to s 156(1)(g) of the Act;2 (d) fined Ms AA $1000 pursuant to s 156(1)(i) of the Act; and (e) ordered her to pay costs of $1000 pursuant to s 156(1)(n) of the Act. Application for review [20] Ms AA filed an application for review on 9 November 2017. The outcome sought is a setting aside of the Committee’s decision on grounds that the Committee 2 Although the Committee did not say as m...

5. Hotene - Estate of Paratene Mita Hotene [2018] Chief Judge's MB 277 (2018 CJ 277) [pdf, 365 KB]

   ...5 September 2018 DECISION OF CHIEF JUDGE W W ISAAC 2018 Chief Judge’s MB 278 Introduction [1] This application filed by Mohi Wiremu Hotene (‘the applicant’) pursuant to s 45 of Te Ture Whenua Māori Act 1993 seeks to amend succession orders dated 1 September 1998 at 90 Whakatāne MB 405-407 and 28 January 2000 at 92 Whakatāne MB 250-251 relating t

6. [2022] NZACC 16 – Forde v ACC (26 January 2022) [pdf, 263 KB]

   ...discussed above and make a further decision on that issue and the entitlements that should follow if cover is granted. [64] The appellant is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. Judge C J McGuire District Court Judge Solicitors: Luke Cunningham and Clere, Wellington for the respondent

7. [2021] NZEmpC 207 Martin v Solar Bright Ltd (in liquidation) [pdf, 227 KB]

   ...impose a penalty. While not expressed in these terms, it seems he considered the Authority’s error was repeated in the judgment. 20 Martin v Solar Bright Ltd (in liquidation), above n 8, at [21]. 21 Section 29. At the time submissions were filed the Interpretation Act 1999 applied but now see the Legislation Act 2019, s 13 which came into force on 28 October 2021 and is to the same effect. [26] The judgment did not describe DATAeye as a patent and, in any event, its...

8. [2021] NZACC 169 – Soulsby v ACC (5 November 2021) [pdf, 166 KB]

   ...directed it seek advice from its medical advisors as to whether Mr Soulsby had suffered continuing incapacity from the period when he was an earner, then issue a new decision. [12] ACC’s clinical advisor, Anthea Clements, reviewed Mr Soulsby’s file and noted there were no contemporaneous clinical records for the period prior to 14 April 2018, that date being the last date, for the purposes of cl 43 of the Accident Compensation Act, Schedule 1, that he had ceased to be in emplo...

9. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...of her travel from Nelson to Wellington for work. We provided the parties with an opportunity to make further submissions challenging 2 this view and to correct any factual error before we issued a final decision. Both parties filed submissions which we considered. We now issue our final decision. Background [3] The appellant’s situation is unusual. She has a Kāinga Ora (formerly Housing New Zealand) house in Nelson but works in Wellington during the week. She...

10. LCRO 114/2021 DY v WJ (20 August 2021) [pdf, 152 KB]

    ...Standards Committee decision dated 29 July 2021 at [10]. 2 At [12]. 5 evidence to support the claim by Mx [DY]. Mr [WJ]’s response is for some and, in the view of the Committee, has a ring of truth about it. Application for review [20] Mx DY filed their review application on 31 July 2021. They said: (a) The Committee appears to have believed what Mr WJ said over what Mx DY said in their complaint. (b) Mx DY continues to pursue their complaint because “[Mr WJ] can’t go...