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1. [2023] NZEnvC 220 Federated Farmers of New Zealand v Waikato District Council [pdf, 1.7 MB]

   17 October 2023 17 October 2023 IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Court: Last case event: Date of Order: Date of Issue: Decision [2023] NZEnvC 2 Z.. 0 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN AND FEDERATED FARMERS OF NEW ZEALAND (ENV-2022-AKL-000051) Appellant WAIKATO DISTRICT COUNCIL Respondent Environment Judge S M Tepania sitting alone un...

2. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND AND AND Decision No. [2018] NZEnvC 87 of the Resource Management Act 1991 of an appeal under s156 of the Local Government (Auckland Transitional Provisions) Act 2010 ZHI LI, JING NIU AND WEill YANG (ENV-2016-AKL-000196) Appellants OKURA HOLDINGS LIMITED (ENV-2016-AKL-000211 ) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST AND BIR...

3. 2014 Ministry of Justice Annual Report [pdf, 3 MB]

   ...Family Dispute Resolution – a mediation service New family justice system EFFECTIVE Justice sector BPS targets for lowering total crime & youth crime ACHIEVED over the past year, our courts disposed of over… SUPREME COURT • COURT OF APPEAL • HIGH COURT 2,000 civil & criminal appeals HIGH COURT • DISTRICT COURTS INCLUDING THE YOUTH COURT 137,000 criminal cases 19,000 civil cases FAMILY COURT 60,000 substantive applications SPECIALIST COURTS 6,000 cases...

4. [2011] NZEmpC 63 Hally Labels Ltd v Powell [pdf, 232 KB]

   ...have been performed. [55] Mr Gallie submitted that, in the alternative, the principles relating to the implication of terms were relevant as an aid to construction. He relied on the ―business efficacy test‖ referred to by the Court of Appeal in Attorney-General v NZ Post Primary Teachers Association. 3 He submitted the implication of such a term as to the time for payment would be reasonable and equitable, necessary to give

5. Big Hill Station Ltd v Hemana - Awarua o Hinemanu Trust (2015) 43 Takitimu MB 218 (43 TKT 218 ) [pdf, 328 KB]

   ...situation, the degree of success achieved by the respondent and the time required for effective preparation. 29 Nicholls v Nicholls-Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Part%20Papaaroha%206B%20Block.pdf http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maor...

6. Tweeddale v Pearson [pdf, 405 KB]

   ...that it owes a duty of care to Mrs Tweeddale who is now an absentee landlord. She never intended to live in the property. The property is in the same position as a motel. [59] The grounds for this submission are the judgments of the Court of Appeal in Te Mata1 and Blanket Bay2 in which it was found that the council owed no duty of care to the developers of a motel. 1 Te Mata Properties Ltd & Anor v Hastings District Council [2...

7. [2017] NZEmpC 164 NZPSA v IRD [pdf, 519 KB]

   ...would be under pressure, it was very important that members did not sign the letters of offer. [53] The IR communications just referred to, as sent after it learned of the filing of the challenge, stated that it respected the PSA’s right to appeal, but it would also respect “the valid decision of the ERA as an independent body”, and would proceed on that basis. [54] After a preliminary discussion with counsel at a telephone directions conference, when the possibility of...

8. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

   ...the word “person” used in s2ss2(e)&(f) Maori Affairs Act 1953 can only mean a human Maori with blood context (see Explanatory note Maori Purposes Bill 1960 front page Appendix “C”). 5) My client has resolved that rather than appeal immediately Justice Ellis’s judgment, the better course of action to take is to seek this s45/93 challenge to Judge Savage’s March 10 2000 decision, thus dealing with the perceived s77/93 time bar issues stated by Justice Ellis [s...

9. Taueki v Procter - Horowhenua 11 (Lake) (2021) 437 Aotea MB 86 (437 AOT 86) [pdf, 389 KB]

   ...that demonstrated the projects undertaken by the former trustees were a distraction from the key task of dealing with the poor water quality in Lake Horowhenua. 3 Pook v Matchitt - Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) 437 Aotea MB 91 [11] Further, Mr Watson argued that the projects undertaken by the former trustees were simply “feel good” activities which did not address or provide any tangible improvement on water quality, given...

10. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

    ...electronic form or by electronic means of any document required to be produced under this rule but may require evidence of the authenticity of the document. [24] The test for admission of further evidence in proceedings is set out in the Court of Appeal case Dragicevich v Martinovich.8 That test has also been adopted by the Māori Appellate Court in determining whether to grant leave to adduce further evidence in an appeal under r 8.18 of the Māori Land Court Rules 2011.9 The Dra...