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1. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...descendants of Eru and Te Owai Pou as “the whānau”. 1 See the discussion in Ruapuha and Uekaha Hapu Trust v Norman Tane – Hauturu East 8 Block (2010) 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) at [86]-[96] where the Court addressed the application of s 354 of the 1993 Act to s 438 of the 1953 Act, whereby trusts constituted under s 438 are ahu whenua trusts for the purpose of the 1993 Act. 61 Taitokerau MB 250 [...

2. Waitangi Tribunal - issue 67 of Te Manutukutuku [pdf, 1.8 MB]

   ...Toiora PHO. She also has extensive experience in working with urban authorities and iwi. Ms Moxon has extensive gov- ernance experience with local and national organisations, including the Early Learning Management Taskforce, the Social Security Appeal Authority, the National Urban Māori Authority, Te Rūnanga o Kirikiriroa, Waikato DHB Iwi Māori Council and Ngāti Pahauwera Development Trust. She has also served on Trust Waikato, Habitat for Humanity and Philanthropy New Zealand...

3. LCRO 104/2019 RY v DN (1 May 2020) [pdf, 273 KB]

   ...scope of review [43] The nature and scope of a review have been discussed by the High Court, which has said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

4. Chee v Stareast Investment Ltd [pdf, 97 KB]

   ...The evidence establishes the contract with TQ was for labour only. [38] The Tribunal has found that both the first and third respondents were the developers of this property. In Mount Albert Borough Council v Johnson6 at [241], the Court of Appeal held that a developer had an absolute duty which is non-delegable. Cooke J stated that a development company has a duty to see that proper care and skill are exercised in the building of houses and that it cannot be avoided by del...

5. Proactive release - Sexual violence response [pdf, 7.7 MB]

   ...to Government agencies, noting the Law Commission consulted extensively in developing its recommendations. Feedback from the defence bar about these changes again reflects concerns about the potential erosion of fair trial rights, and the risk of appeals and re- trials undermining the expected benefits to complainants. Financial implications 94. Agencies have advised they will be unable to absorb the costs of implementing my recommended overall package of proposals from within baseline...

6. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...to Government agencies, noting the Law Commission consulted extensively in developing its recommendations. Feedback from the defence bar about these changes again reflects concerns about the potential erosion of fair trial rights, and the risk of appeals and re- trials undermining the expected benefits to complainants. Financial implications 94. Agencies have advised they will be unable to absorb the costs of implementing my recommended overall package of proposals from within baseline...

7. [2022] NZEnvC 106 Guardians of the Bays Inc v Wellington International Airport Ltd [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 106 IN THE MA TIER of appeals under s 17 4 of the Resource Management Act 1991 BETWEEN GUARDIANS OF THE BAYS INC (ENV-2021-WLG-000035 & 37) INTERNATIONAL CLIMATE-SAFE TRAVEL INSTITUTE AND (ENV-2021-WLG-000036) Appellants WELLINGTON INTERNATIONAL AIRPORT LTD Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Heari...

8. [2024] NZEnvC 296 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 1.2 MB]

   ...as to costs on settling the final wording. The costs application regarding the substantive hearing will be addressed by a separate decision. REASONS Introduction [1] Eden Epsom Residential Protection Society Incorporated (the Society) appealed against a decision of a majority of independent Council Commissioners approving Proposed Private Plan Change 21 (PPC21) to the Auckland Unitary Plan (operative in part) (AUP). PPC21 was to enable expansion and intensification of deve...

9. LCRO 233/2018 VM v XZ (21 December 2020) [pdf, 700 KB]

   ...[date], VM was made redundant from their position as [job title] with the company [Company A]. VM instructed XZ to represent them in proceedings before the Employment Relations Authority (ERA). Their claim before the ERA did not succeed. 2 VM appealed the ERA decision to the Employment Court. They reached an agreement with XZ to retain XZ to advance their case before the Employment Court for a fixed fee of $40,000 (plus GST), that fee being agreed on the basis of an estimate that...

10. AB v Secretary for Justice 26 June 2014 NZRA 000001 [pdf, 138 KB]

    ...Secretary to impose the mentoring condition. The applicant has gained the advantage of approval and been provided with the opportunity to meet the concerns expressed by the judges. 3 14. The Applicant noted that she held approval for Court of Appeal/Supreme Court, but that it had not been put on her schedule. The Secretary advises that Ms Pomeroy received an updated Schedule 1 after she had pointed the issue out on 17th December 2013. 15. Accordingly, pursuant to S 86() o...