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1. XT & TT v BE & LE [2024] NZDT 866 [pdf, 294 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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, then 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 determinat...

2. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...to conservation and 102 Taitokerau MB 19 management of a local fishery in a particular location. Judge Ambler’s reliance on contested Native Land Court determinations is seen as controversial. [64] Counsel for Ngāti Kuri filed an affidavit of Henri Jacques Burkhardt dated 21 October 2014. Mr Burkhardt is the current chair of the Ngāti Kuri Trust Board. Mr Burkhardt outlines the Ngāti Kuri rohe and explains the approach adopted by Te Aupōuri, Ngāi Takoto, Te Rarawa...

3. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   ...That is a legal document, the meaning of which would have been clear to the directors when they signed it. There is no question in this case that they were under any compulsion or disability at the time. That has not been raised in any of the affidavits; 5 • Morningstar had, at all times as the landholder and owner, the power to seek to recover monies from subsequent owners or place covenants for access to the land under the titles. Whether or not Morningstar did do that we...

4. Notice of Motion Kristin School Charitable Trust [pdf, 802 KB]

   ...contentious. (e) It will be more efficient in terms of cost and time for all parties and interested persons to have the resource consent application heard and determined by the Environment Court. (f) The further grounds contained in the affidavit of Mark Wilson dated 19 February 2021. 3. The following documents are attached: (a) An affidavit of Mark Wilson in support of this application (Attachment A); and - 3 - KMD-493647-11-238-1:kmd (b) A list of names...

5. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   ...relationships with Tangaroa and biodiversity. There should be opportunities for co-management or co-governance by Motiti and for Motiti. Recognition of matauranga Maori should include rahui as a method in the coastal plan. I have previously provided affidavit evidence on the use of rahui as a resource management tool to protect the relationship of Maori with Tangaroa, moana and taonga species. I produce my affidavit as Annexure NRl and adopt it as part of my evidence. Dated this 0...

6. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...the question should be whether money is more important than the whenua gifted by the tīpuna. He supports the respondent’s work on the whenua, and he considers that the respondent’s aspirations for Oweka align with his. Apirana Henderson – Affidavit Undated & Unsworn [47] On 31 January 2020, an affidavit was filed responding to some of the allegations levelled at the respondent. Some of those allegations have since been dropped. His evidence also addressed the issues c...

7. [2024] NZEnvC 122 Grafton Downs Limited v Auckland Council [pdf, 2.5 MB]

   ...three, because, at this stage, the Appellants are not expecting further tenancies; and 11 (g) Condition 32 – wording has been inserted to ensure the ‘Future Development / Expansion Area’ is included in the finished landscaping plan. Affidavit of Robert Andrews [29] An affidavit of Robert Andrews sworn 10 May 2024, was filed in response to the Court’s questions regarding how the amended proposal passes through the s 104D RMA gateway tests, why the proposal should...

8. OIA-Porirua non-violence programmes [pdf, 10 MB]

   ...last week. Glad to hear everything is going well. Here are my notes from my visit, for your info: - Mike showed Nora file systems. - File checks conducted for files: Comprehensive file check, well detailed session notes and Nora appreciated the affidavit summary on Mike's notes. No concerns. - Comprehensive file check, no concerns. How is everything going? - Overall going great, engagement from clients is not much of a concern. Feedback email from client - Nora discussed with...

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

   ...property to protect the interest thereby acquired by Mrs PR. [22] The trustees instructed Mr FP to act on their behalf, and commenced an action in the High Court for removal of the caveat. Mr KG filed a notice of opposition supported by an affidavit from Mrs PR. [23] During this time (on 24 August 2018) Mr KG terminated Mrs PR’s position in LC1. Mrs PR asserted that this amounted to unjustified dismissal,1 and claimed eight weeks pay in lieu of notice. [24] Shortly the...

10. [2024] NZEnvC 048 KiwiRail Holdings Limited [pdf, 5.3 MB]

    ...2023 in support of a draft consent order. The Court directed that parties lodge evidence addressing the relevant statutory requirements relating to the granting of resource consents and confirming the notices of requirement. KiwiRail lodged affidavit evidence dated 5 September 2023 from Mr Craig Douglas Hind, Project Lead and Senior Planner for the applications and NORs, and the Council lodged evidence dated 14 September 2023 from Mr Trevor Stewart Mackie, consultant planner and...