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1. Memorandum of counsel for the Auckland Council in support of Notice of Motion under s291 of the RMA applying for waivers and directions dated 9 May 201 [pdf, 12 MB]

   ...respect of a matter not otherwise before the Court). The Council relies on these authorities. For instance: a. In the 2016 decision Re Auckland Council10 the Court held that it had jurisdiction to make directions I grant waivers in relation to appeals on the Auckland Council's decisions on the Independent Hearing Panel's recommendations on the then proposed Auckland Unitary Plan. The Auckland Council in that case similarly sought to waive certain requirements of section 27...

2. MLC 2018 June Outstanding OCR Applications [pdf, 387 KB]

   ...September 1954) and 35 Whakatane MB 66 (12 October 1960) - Application to the Chief Judge A20180002384 58/93 Lawrence Niao Matata Parish 39A 2B 2B 2A Block- and an order appointing trustees made at 178 Waiariki MB 32 dated 21 December 2017 - Appeal A20180002798 45/93 Ellen Waiapouri CJ 2018/9 Piki Te Ora Watene - and succession orders made at 5 Whangarei (S) 223-226 on 8 July 2002 - Application to the Chief Judge A20180002823 45/93 Sharon Wilson Martha Theodore H...

3. Nicholas - Poike 8E (2018) 162 Waikato Maniapoto 90 (162 WMN 90) [pdf, 456 KB]

   ...12 91 Waikato Maniapoto MB 53-70 (91 WMN 53-70) at 68. 162 Waikato Maniapoto MB 97 [31] When making his submissions on this point before me, I raised with Mr Koning that the decision was not appealed. He accepted that, however his submission on this point was that as neither his client nor any of the owners had notice of Judge Milroy’s intention to invoke s 37(3), that gives force to the argument that the orders should be strictl

4. Thomson - Part Tahorakuri A1 Sec1 Māori Reservation (2002) 76 Taupō MB 98 (76 TPO 98) [pdf, 1 MB]

   ...arguably exists where a trustee calls on the Maori Land Court's supervisory role in relation to Maori land trusts . . Mr LaHatte in his submissions refers to the decision of Proprietors of Mangakino Township v The Maori Land Court (Court of Appeal 65/99). This decision simply illustrates the broad interpretation given to the Maori Land Court's supervisory powers and guardianship role in relation to Maori land trusts. It does not detract from the general rule that trustees must...

5. [2018] NZEnvC 208 The Wolds Station Limited v Mackenzie District Council [pdf, 5.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC208 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH (ENV-2009-CHC-193) MOUNT GERALD STATION LIMITED (ENV-2009-CHC-181 ) MACKENZIE PROPERTIES LIMITED (ENV-2009-CHC-183) MERIDIAN ENERGY LIMITED AND...

6. Mokaraka - Waima C8 (2019) Chief Judge's MB 1137 (2019 CJ 1137) [pdf, 419 KB]

   2019 Chief Judge’s MB 1137 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20170001815 CJ 2017/5 UNDER Section 45, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Pani Mokaraka and a succession order and order determining ownership of a dwelling house on Waima C8 block made at 2 Kaikohe (Succession) MB 32-33 on 31 March 1993 BETWEEN MIHA MAIHI MOKARAKA, ANNE EDITH FORSTER THOMSON, IDA MORGAN, JOHN MOKARAKA, BARNEY PANI MOKARAKA, DAVID RUDOLPH

7. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 114 of the Resource Management Act 1991 of a Notice of Motion under Section 87G of the Act requesting the granting of resource consents to SUMMERSET VILLAGES (LOWER HUTT) LIMITED for construction and operation of a retirement village at 32A Hathaway Avenue, Boulcott, Lower Hutt SUMMERSET VILLAGES (LOWER HUTT) LIMITED (ENV-2018-WLG-

8. Canterbury Westland Standards Committee 1 v Williams [2019] NZLCDT 33 [pdf, 317 KB]

   ...onus be placed on that lawyer to show that the conduct complained of did not have a connection with his status as a lawyer and the client could not reasonably have thought he was acting as a lawyer. [37] In the case of Hansen v Young13 the Court of Appeal was tasked with considering whether a solicitor, Mr Young who was Co–executor and Trustee of an estate had been negligent as “solicitor”. The issue before the Court was to determine whether there was a retainer and in particu...

9. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

   ...investigated by the OPC and how these types of proceedings will be dealt with in the Tribunal. Clause 103 – aggrieved individual may commence proceedings in Tribunal The Bill is clear that the Tribunal can award damages as part of an appeal against an access direction. It does not provide that an individual can bring a claim for damages when they have obtained an access direction and are not seeking to challenge the terms of that direction (or have obtained...

10. Scope of inquiry Minute October 2021 [pdf, 314 KB]

    ...the scope of the inquiry. The nature of the inquiry is prescribed by the Act and it is well established that an inquest is a fact finding exercise, not a method of apportioning guilt. [38] This is consistent with other jurisdictions. The Court of Appeal for England and Wales in Coroner for the Birmingham Inquests (1974) v Hambleton observed:12 A decision on scope represents a coroner’s view about what is necessary, desirable and proportionate by way of investigation to enable...