Search Results

1. Freemans Bay Residents Association Inc 187 [pdf, 527 KB]

   Before the Environment Court ENV-2016-AKL-000187 In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan - s 156(1) of the LGATPA - Topics 062, 063 & 081/083 - Rule H6.6.6 Height in relation to boundary - Residential - Terrace Housing and Apartment Building Zone And: Lynne Butler, Paul Gregory, Gunn Family Trust, Lydia Hewitt, Trevor Lund...

2. [2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd [pdf, 289 KB]

   ...application for costs.9 An application for costs is to be treated no differently for costs purposes from an ordinary interlocutory application, so costs may be awarded according to scale or on an increased or indemnity basis as appropriate. [15] On appeal, that approach was approved by the Court of Appeal in Strata Title Administration Ltd v Body Corporate Administration Ltd.10 [16] In this Court, such an approach has been adopted pursuant to the Court’s broad jurisdiction as...

3. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

   ...13 (1987) 25 Ruatoria MB 61 (25 RUA 61). 14 [2000] 3 NZLR 614 (CA). 15 [1997] 1 WLR 687, [1997] 2 All ER 513. 125 Taitokerau MB 22 [13] In Lockwood Buildings Limited v Trustbank Canterbury Limited, 16 the Court of Appeal found that an article fixed to the land, even slightly, is considered to be part of the land unless the circumstances show that it was intended all along to remain as a chattel. [14] In the present case, the house is affixed to timber pi...

4. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

   ...activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 8. The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: "The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expec...

5. Solomon v Solomon - Manukau Lands Trust (2020) 66 TeWaipounamu MB 207 (66 TWP 207) [pdf, 248 KB]

   ...Waipounamu MB 214 (e) A duty not to make a profit for themselves out of the trust property or out of the office of trust. [28] The Court has power to remove a trustee for cause pursuant to s 240 of the Act. In Rameka v Hall the Court of Appeal held that there is a two-step approach to determine whether a trustee should be removed.5 First, have the trustees failed to carry out their duties satisfactorily? It is well established that it is not just a simple failure or neglect to...

6. Property Ventures Limited v Parata - Ngarara West B3B (2006) 180 Aotea MB 15 (180 AOT 15) [pdf, 820 KB]

   ...Maori Land Court may in exercise of its powers and responsibilities refuse to confirm the alienation or to change the status of the land. " [15] Further refinements of this fundamental principle can be discerned from the the High and.Court of Appeal judgments, Edwards v Maori Land Court and Bruce v Edwards [2003] 1 NZLR 515. Ronald Young J considered the decision in Loma Cleave too restrictive given his view that the rights of the owners should not be entirely ignored. The Court...

7. Thompson - Wharekawa 5B South 4B1 (2006) 109 Hauraki MB 21 (109 H 21) [pdf, 643 KB]

   ...of rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Co...

8. Alasdair Morrison (dated 2 June 2017) [pdf, 3.9 MB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-047 IN THE MATTER of an Appeal under Section 120 Resource Management Act 1991 BETWEEN Blueskin Energy Ltd Appellant AND Dunedin City Council Respondent BRIEF OF EVIDENCE of ALASDAIR CAMPBELL MORRISON Alasdair Morrison 23 Thornicroft Road

9. Love v Trustees of the George Love Whānau Trust - George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) [pdf, 228 KB]

   ...matters in this case are; the allegations against the trustees for failing to fulfil their duties, disharmony 10 Larkins v Wi Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) at [27]. 11 Above n 10 at [30]. 12 Bishop – James Carroll and Arahia Ngatai-Rangiwhetu Whānau Trust (2017) 56 Takitimu MB 94 (56 TKT 94) at [11]; Chambers v Keepa - Te Hinau a Pura Whanau Trust (2016) 350 Aotea MB 7...

10. Matenga - Parish of Tahawai Lot 18C-F and 18I (2003) 73 Tauranga MB 150 (73 T 150) [pdf, 660 KB]

    ...there are good reasons in equity as to why the Court should make an order determining that the building is hers: see Parish of Te Papa Lot 453 Block Minute Book: 73 T 157 and Pihema 53 Tauranga MB 106, 108. (The decision in this latter case was appealed to the Maori Appellate Court but on a matter of fact, not principle.) In Parish of Te Papa Lot 453 the Court went on to say at 109: ''The most common occurrence where determinations of ownership are sought is where houses...