Search Results

1. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...I refer in particular to the interim decision of this Court dated 17 January 2005, the decision of the High Court in Bridgecorp Fillallce Limited v Proprietors of Mataw'i X IlIcOlporatioll [2004] 2 NZLR 792 and the decision of the Court of Appeal in BridgecOlp Fillallce Limited v Proprietors of Mataw'i X IlIcOlporatioll [2005] 3 NZLR 193. [29] The important events for the purpose of this judgment are as follows. In early July 2001 the Incorporation granted a mortgage over...

2. [2018] NZEnvC 243 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 16 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 243 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act OHAU PROTECTION SOCIETY INCORPORATED (ENV-2018-CHC-005) Appellant WAITAKI DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner K Prime Environment Commissioner J T Baines Hearing: at Oamaru on 16 and 17 October 2018 Site visi...

3. [2022] NZEnvC 150 Hamilton Homezone Limited v Hamilton City Council [pdf, 26 MB]

   ...Central City; (b) the Proposal would be contrary to the objectives and policies of the Business 1 zone; and (c) the proposed management regime for carparking may give rise to off- site carparking effects. [4] On 17 September 2021, the Appellant appealed the Decision seeking that the resource consent be granted, subject to conditions. Mr Colin Fagg subsequently registered his interest in the appeal under s 274 of the RMA. 3 Agreement reached [5] Following direct di...

4. [2022] NZEnvC 076 Pipers Limited Partnership v Auckland Council [pdf, 537 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 076 IN THE MATTER OF appeals under cl 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN PIPERS LIMITED PARTNERSHIP (ENV-2020-AKL-000031) WEITI HEADWATERS LIMITED (ENV-2020-AKL-000032) Appellants AND AUCKLAND COUNCIL Respondent KUMEU-HUAPAI RESIDENTS AND RATEPAYERS ASSOCIATION INC Section 274 Party Court: Environment Judge MJL Dickey Envir...

5. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...Prototype of Electronic Operating Model (EOM) developed. • Continued Christchurch earthquake recovery operations through the provision of more than 20 temporary, permanent or hired premises. COURT STATISTICS • Supreme Court managed over 60 criminal and civil appeals. • Court of Appeal managed over 1,300 criminal and civil appeals. • High Courts conducted over 370 jury trials and managed over 5,600 civil cases. • District Courts managed over 5,800 criminal jury cases....

6. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 136 KB]

   ...to build the house using labour only carpenters. Mr Olsson’s counsel argued that he was not the head contractor/developer/supervising builder i.e. he was not the builder with any supervisory role. He relies on the decision of the Court of Appeal in Riddell v Porteous2 where Blanchard J stated: “It seems that Hansen J was encouraged to ignore this warning [not to overturn a credibility finding] by his belief that the Riddells could properly be characterised not merely as owners...

7. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   ...insight into the practicalities of balancing the protection of NSI with non-Crown parties’ interests. They also provide impetus to enact a statutory closed court process. 20. In September 2019, while not required to determine the matter, the Court of Appeal considered it unlikely the High Court could adopt a closed court process for a substantive hearing under its inherent jurisdiction.6 This means that while NSI can be protected by withholding it from disclosure, the Crown would not be able...

8. Auckland District Law Society v Dorbu [2010] NZLCDT 9 [pdf, 217 KB]

   ...afford to retain the property and suffering a loss of over $292,000.00 in unrecoverable legal costs, as well as serious health issues from the associated stress and anxiety. [24] The claims were opposed at all stages and were then unsuccessfully appealed to the Court of Appeal. Finally, leave was sought to appeal to the Supreme Court. This was dismissed summarily. The court stated, after describing the pattern of events: “[77] The conclusion reached by Priestley J was the only...

9. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 157 ACR 306/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ANTHONY DROZDZAK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Schmidt for the Appellant Ms A Douglass and Ms Gaskell for the Respo...

10. Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]

    ...judgment [8] The Land [10] The Trust [12] The Leases [13] Background [15] The present proceedings [21] Directions [24] The hearings [26] Post hearing events [30] The Appeal [32] Applications for Special Aid [34] The Law [35] Applicants’ case [40] Respondents’ case [47] Discussion [53] Payment of rent and related charges [58] Rental...