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1. Manchester Securities Limited [2012] NZWHT Auckland 17 [pdf, 86 KB]

   ...before the claim can be found to be eligible. Damage is not defined in the Act but the Shorter Oxford English Dictionary defines damage as “injury (a thing) so as to diminish its value or usefulness”. [13] The High Court and Court of Appeal considered what was meant by damage and the point at which damage becomes manifest in the context of a claim against an insurance company. The Court of Appeal in Arrow 5 International Limited v QBE Insurance (International) Limi...

2. [2017] NZEnvC 201 Matakana Coast Trail Trust v Auckland Council [pdf, 2.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC Z. C , of the Resource Management Act 1991 of an appeal under s 120 of the Act MATAKANA COAST TRAIL TRUST (ENV-2017 -AKL-020) Appellant AUCKAND COUNCIL Respondent ASIA PACIFIC INTERNATIONAL GROUP (NZ) LTD Applicant Environment Judge JA Smith, sitting alone pursuant to s 279 of the Act, on the papers, at Auckland...

3. LCRO 15/2014 HJ v TK (30 August 2017) [pdf, 145 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...

4. LCRO 77/2017 RV v JH (31 August 2017) [pdf, 91 KB]

   ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which 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 that...

5. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

   ...for sufficient achievement of the objective? iii.is the limit in due proportion to the importance of the objective? Sufficiently important objective 8.Clause 6 of the Bill sets out the specific policy objectives, which are to 5: a.reduce the appeal of tobacco products and smoking, particularly for young people b.further reduce any wider social acceptance and approval of smoking and tobacco products c.increase the noticeability and effectiveness of mandated health warning messages and...

6. E56 Mirko Groeschner - EIC - Challenger of Record AC36 [pdf, 2.7 MB]

   ...significant restriction on the design of Base B, as is the requirements outlined for the northern facade. More flexibility is sought in this regard. f) Clause 3.1 O; This clause is too prescriptive. The design of Base B is going to be aesthetically appealing, however due to its temporary nature the materials may not last (or be designed to last) for 10 years. g) Clause 3.15; It is important for every team to be provided with car parking within or near their base. I do not understa...

7. LCRO 99/2017 WH v Area SC [pdf, 95 KB]

   ...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...

8. LCRO 100-2014 XO v QY decision date [pdf, 191 KB]

   ...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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 that...

9. LCRO 226/2017 OM and RA v BL and DG (20 July 2018) [pdf, 97 KB]

   ...scope of review [16] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 that...

10. Naera v Fenwick - Whakapoungakau 24 (2017) 168 Waiariki MB 257 (168 WAR 257) [pdf, 189 KB]

    ...referral to the trustees the decision on whether to continue or discontinue with the agreement and whether further consultation is appropriate: [138] In the context of ahu whenua trusts constituted under the Act, we do not agree with the Court of Appeal that the consequence of a breach of s 227A is automatic rescission at the instance of a beneficiary, subject only to the interests of innocent third parties. Instead, the Maori Land Court has the power to decide upon the appropriate co...