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1. The Registrar - Te Ahitainga No1 Sec 10 C (2018) 72 Tākitimu MB 255 (72 TKT 255) [pdf, 350 KB]

   ...to adhere to their terms of trust and core accountabilities may be sufficient grounds for termination. 3 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 4 6 Taitokerau MB 139 (6 TTK 139) at 141. 72 Tākitimu MB 265 [49] In relation to those factors and in relation to the various background facts that I have already set out, I would add the following observations and not...

2. Donnelly v Tuala Rongohaere Marae (2007) 78 Ruatoria MB 55 (78 RUA 55) [pdf, 267 KB]

   ...settlement process, including fisheries, during the last decade or so, it would appear that marae have assumed a greater prominence in the affairs of iwi and hapū. Surprisingly, these concerns were touched on, if only briefly, by counsel during the appeal hearing and also by the Applicant himself during the lower Court proceedings. However, we are not concerned with such matters. They are irrelevant for our purposes and we have not given them anything other than fleeting considera...

3. Deputy Registrar - Moteo Estate Trust (2017) 58 Takitimu MB 137 (58 TKT 137) [pdf, 402 KB]

   ...trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [49] It is trite law that the paramount duty of trustees is to obey their terms of trust. In Rameka v Hall the Court of Appeal confirmed that: 19 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and ma...

4. [2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors [pdf, 324 KB]

   ...minimum rate. As is also clear, “that” minimum rate is a reference to the rate of wages prescribed under the 22 Faitala v Terranova Homes & Care Ltd, above n 11, at [39]. The observation was subsequently endorsed by the Court of Appeal in Terranova Homes and Care Ltd v Faitala, above n 12, at [28]. Act, namely the prevailing minimum rate of wages prescribed under ss 4, 4A or 4B.23 Relevantly, s 6 must be read subject to s 7. And, as s 6 also makes clear, it...

5. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...Fendall was providing “regulated services”. Ms Dew’s analysis proceeded along the lines of the Tribunal’s analysis of this issue in Orlov at first instance. But it is to be noted that that reasoning was overturned by the High Court on appeal. [39] Ms Dew submitted that Orlov and Deliu were distinguishable in that “the conduct was directly connected to Mr Orlov and Mr Deliu’s provision of legal services to clients, their relationship with the courts and the judiciary a...

6. 4.-David-Dunlop-Traffic-and-Transport.pdf [pdf, 744 KB]

   ...respect of the NoRs: (i) Statement of evidence dated 8 March 2019;2 (ii) Joint Witness Statement of Transport and Social Experts dated 21 March 2019;3 (iii) Addendum evidence dated 25 March 2019;4 and 12. As part of the Environment Court appeals process in respect of the NoRs, I prepared a further addendum to my NoR Technical Assessment dated 21 August 2019,5 which assessed the proposed modification of one of the NoRs to provide for a more northerly alignment of the Project (...

7. Dr Roger Grace - Evidence in Chief [pdf, 667 KB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSiEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF DR ROGER GRACE ON BEHALF OF MOTITI ROHE MOANA TRUST DateQ 25 October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St...

8. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   Public and Population Health Unit of Northland District Health Board v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 162 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-20...

9. [2021] NZEnvC 162 Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 379 KB]

   Public and Population Health Unit of Northland District Health Board v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 162 IN THE MATTER OF an appeal under Clause 14 of Schedule 1 of the Resource Management Act 1991 (the Act) AND Topic 8 (Agrichemicals) of the Proposed Northland Regional Plan BETWEEN PUBLIC AND POPULATION HEALTH UNIT OF THE NORTHLAND DISTRICT HEALTH BOARD (ENV-20...

10. Turner v University of Otago (Costs) [2021] NZHRRT 48 [pdf, 250 KB]

    ...Tribunal. The facts in Haydock v Gilligan Sheppard HC Auckland CIV2007- 404-2929, 11 September 2008 are illustrative. The Tribunal (as then constituted) awarded costs of $12,500 against the unsuccessful plaintiff (Ms Haydock). On her unsuccessful appeal to the High Court she was ordered to pay a further $7,500. She is recorded at [45] of the decision as stating that her financial position was parlous and that she intended declaring herself bankrupt. [6.5] Claims before the Tribunal mo...