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1. Farquhar - Palmerston North Māori Reserve Trust (2016) 358 Aotea MB 19 (358 AOT 19) [pdf, 178 KB]

   ...2 Wero Karena and Taupiri Paea Pita Karena Trust v Tamaar Taupiri Karena (2005) 102 WH 259- 269. 358 Aotea MB 23 [12] This trust operates under a land management plan. It is annexed to the affidavit of Ms Mellish. [13] That plan at paragraphs 3 and 4 say; 3. No General Land properties will be sold without the approval of a majority of the land owners present at a meeting called for that purpose. 4. The proceeds of any s

2. [2018] NZEnvC 118 Hamilton City Council [pdf, 208 KB]

   ...or from one end only; • The possibility of "Road 2" being used as a short cut cannot arise if "Road 2" is not formed in a manner that provides a continuous road connection between Road 3 and the realigned Ruakura Road. 1 Affidavit of Peter Raymond Hall dated 21 December 2017, Exhibits Band D. 5 [9] Counsel submitted that: • The first proposed additional condition (Condition (xi» prohibits such continuous access unless, following the Court's wordin...

3. OP & EI v GJ Ltd [2019] NZDT 1305 (14 October 2019) [pdf, 186 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

4. [2017] NZEnvC 138 Tasman District Council v Ashton [pdf, 768 KB]

   ...Nissan Atlas PU8112 29 To Be Removed Mitsubishi Mr Hire Cherry Picker (Farm ZI5471 30 To Be Removed Toyota Dyna MG702 31 To Be Removed Mitsubishi L300 (Freezers) PR4080 Photograph of Buildings on the Property A " referred to in the within affidavit an affirmed at Nelson this ~"taay of A Solicitor of the High Court of New Zealand . ROSS HAI~N/\y MCKECHNIE SOLICITOR NELSON

5. [2017] NZEnvC 078 Charlesworth & Maehl v Lenihan & The Greensmith Family Trust [pdf, 208 KB]

   ...order is necessary because the thing done or to be done is or is likely to be noxious, dangerous, offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment. [6] The applicants say, in an affidavit of Ms Charlesworth sworn on 22 May 2017, that there are cultural, ecological and scientific reasons for protecting the tree. They also say that they are seeking the reinstatement of the SEA notation on the Site and 4 are seekin...

6. Pryor v Perenara - Ngāti Rangitihi Marae Trust (2008) 322 Rotorua MB 268 (322 ROT 268) [pdf, 1.4 MB]

   ...recent invention. In their view it didn't square with what he had previously said and their attention had always been focused on the back room of the wharekai. They cannot be completely right in that however. I paIticularly have note of an affidavit sworn by Reuben dated the 11th of November 2004 and produced in previous proceedings in tlus COutt. In tlus hearing it is produced as exlubit "A". At para 36 it reads: 322 Rotorua MB 271 "this factor is important...

7. Davis - Tapuwae 1B and 4 Incorporation (2005) 102 Whangārei MB 206 (102 WH 206) [pdf, 363 KB]

   ...held at Ngaitupoto Marae in advance of the AGM. The Secretary of the Incorporation was to liaise with Mrs Wihongi in organising the wananga. It was left to the parties to resolve outstanding issues. But by 30 July 2002, another application and two affidavits were before the Maori Land Court seeking a a stay of sale of a hotel owned by the Incorporation and an order for Special General Meeting. (See 94 WH 239-240) In Chambers, Judge Spencer invoked section 37/93 to make orders under:...

8. Whare v Home Mortgage Company Limited - Te Puke 1A5B2B2 (2004) 283 Rotorua MB 75 (283 ROT 75) [pdf, 1.2 MB]

   ...of the L1nd holding 10.0318 shares. The COUlt'S records disclose that the Land is administered by an aIm whenua trust and that the ClllTent responsible trustees are Huaki Whare, Mackie Watson and Owen Rayner ("the Trustees"). The affidavit of Linda Watkins, a manager of the Respondent, states that on 21 December 1990 the Applicants entered into a deed ("the Deed") to obtain a mortgage from the then Housing Corporation of New Zealand ("HCNZ"). By that do...

9. Scullin - Taungaure 1 Section 2 (2007) 97 Opotiki MB 236 (97 OPO 236) [pdf, 253 KB]

   ...for the change of status is "there is urgency for the sale of the land in order to facilitate the better care of the applicant's wife and family by providing a residence in Rotorua." At 304 Rotorua MB 214 the applicant's sworn affidavit is recorded. The relevant excerpts are as follows: 97 Opotiki MB 237 " ... (3) 1 have been living on the land for a number of years but have found it difficult to provide for my children and their education because of the...

10. [2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd [pdf, 306 KB]

    ...2 Commencement of defence to challenge by defendant 1.5 3,345 11 Preparation for first directions conference 0.4 892 13 Appearance at first or subsequent directions conference 0.2 446 36 Defendant’s preparation of briefs or affidavits 2 4,460 38 Defendant’s preparation of lists of issues, agreed facts, authorities and common bundle 1 2,230 39 Preparation for hearing 2 4,460 40 Appearance at hearing for principal representative (half day hearing)...