Search Results

1. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

   ...findings on the merits of any of the proposed provisions, including whether they satisfy relevant RMA requirements. Those matters are to be scrutinised through Sch 1 processes, including their opportunities for submission, further submission and appeal. [67] We acknowledge that bringing the proposed rules into immediate effect could impose costs and inconvenience on landowners and others seeking to subdivide, develop or use land. Potentially, that could be as a result of rules tha...

2. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...[105] Pursuant to s 110A of the Act, the parties are to file any submissions as to costs within 14 days of the date of this decision. [106] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [107] Having regard to the interests of the public, it is appropriate to order publication of this decision without identifying the complainant, but naming the licensees and the agency.14 __...

3. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

   ...adjudicator’s determination is interim. It can subsequently be litigated in court. 2: by arbitration. A private arbitrator uses a process similar to the courts to make a final and legally binding decision. The decision cannot be reviewed in court, but can be appealed on points of law. 3: by tribunal. A tribunal is a body, usually created by law to make decisions on specialist disputes. This may be operated within the court system or outside it. There are three key features that differenti...

4. Practice note: Family Court caseflow management [pdf, 1.6 MB]

   ...be set down. Directions shall be made as to how the hearing shall be conducted. 3.9 If an order is made, the Court shall ensure that a copy of the order is sent to the Registrar- General. APPLICATION TO CORRECT BIRTH CERTIFICATE AND/OR TO APPEAL A DECISION OF THE REGISTRAR-GENERAL 3.10 The application must be filed in the closest registry to the Registrar-General (at present the Wellington Registry). 3.11 Upon receipt of the application by the correct registry, the Court shall...

5. [2022] NZEnvC 153 Director-General of Conservation v Thames-Coromandel District Council [pdf, 1.3 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 153 IN THE MATTER OF the Resource Management Act 1991 and in the matter of an appeal pursuant to Clause 14 of the First Schedule of the Act BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-AKL-149) Appellant AND THAMES-COROMANDEL DISTRICT COUNCIL Respondent Court: Alternate Environment Judge L J Newhook Commissioner R M Bartlett Commissioner K Prime L...

6. Māori Land Court - Rule 5.11 Schedule - February 2018 [pdf, 1.3 MB]

   ...Aupouri Trust, Ngati Kuri Trust Board, Te Runanga o Ngai Takoto Trust and Te Runanga o Te Rarawa - Referred under s182(4) Maori Fisheries Act 2004 26C/93 Te Ohu Kaimoana Trustee Limited 1. Awaiting Administrative Action A20130009145 2/10/2013 Appeal 2013/8 -Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge made on 9 August 2013 at 2013 Chief Judge's MB 567-594 49/93 Phillip Gardiner & Ors Trustees of Tauwhao Te Ngare Trust 3. Awaiting Client Action or Infor...

7. Notification of applications that have not been finally determined (over 6 months old) - 29 February 2020 [pdf, 5.2 MB]

   1 Notification of applications that have not been finally determined (over 6 months old) 29 February 2020 TAKE NOTICE THAT the following schedule of applications are hereby notified pursuant to rule 5.11(2)(b) of the Māori Land Court Rules 2011 being applications which are 6 months or older as at 29 February 2020, and which are currently held by the Registrar in the District set out, or, in the case of applications to the Chief Judge of Māori Land Court or those to the Mā

8. Notification of applications that have not been finally determined (over 6 months old) - 28 February 2021 [pdf, 4.5 MB]

   1 Notification of applications that have not been finally determined (over 6 months old) 28 February 2021 TAKE NOTICE THAT the following schedule of applications are hereby notified pursuant to rule 5.11(2)(b) of the Māori Land Court Rules 2011 being applications which are 6 months or older as at 28 February 2021, and which are currently held by the Registrar in the District set out, or, in the case of applications to the Chief Judge of Māori Land Court or those to the Mā

9. Pue v Kīngi - Te Rūnanga o Ngāti Maru (Taranaki) Whenua Tōpu Trust (2015) 335 Aotea MB 1 (335 AOT 1) [pdf, 389 KB]

   ...trust (whether by way of injunction or otherwise.) [32] It is trite law that trustees must adhere to their duties and any suggestion as to a lack of knowledge of such responsibilities is no defence against a claim of breach of duty. The Court of Appeal judgment Rameka v Hall underscored the relevant duties including the principal obligation of being familiar with the terms of the trust: 39 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act...

10. Cooper v Wellington City Council [pdf, 237 KB]

    ...principles a builder is liable for physical damage to property caused by faulty work of construction (refer Todd, The Law of Torts in New Zealand, 4th edition, para 6.4) and in Stieller v Proirua City Council [1968] 1 NZLR 84, 94 (CA) the Court of Appeal has affirmed that an inspecting council’s obligations were not confined to defects effecting health and safety, nor to defects damaging or threatening to damage parts of the structure. It was enough if they reduced the value of the...