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1. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...contrary to the provisions of section 53 of the Maori Affairs Amendment Act 1967; (c) in any event the loans were also invalid due to the lack of legitimacy of the then committee of management and W T Haig's alleged loans were not saved by the protections of section 57(2) of the 1967 Act because he was an insider, who was in a position conflict of interest. Section 57 was intended to protect third parties, not insiders; and (d) alternatively, gIven the lapse of time the claim...

2. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 KB]

   ...it to determine the relative interests in such land of the owners in common, whether at law or in equity. Paragraphs (c) and (d) authorise the Court to determine claims of trespass and contractual and tortious claims relating to such land. The care with which this jurisdiction has been confined to Māori freehold land is to be contrasted with the wider equitable jurisdiction said to exist under para (i). Para (e) is directed to determinations about persons, not land. Para (f) relate...

3. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...missed out on one opportunity. While Mr Barry was plainly in a less vulnerable position than many other workers, the reality is that he simply accepted what he was offered. That is not uncommon, for obvious reasons. [22] Ultimately s 6 is a protective provision, enabling the Court to reach its own view on whether an employment relationship exists. I do not think that it is useful to 13 Uber BV v Aslam [2021] UKSC 5 at [76] (emphasis added). While the different legislative...

4. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

   ...Hearing: On the papers. (Last case management event 21 September 2021). Appearances: J Gardner-Hopkins for Applicant V Morrison-Shaw and L Ford for Respondent M Allan and R Smith for Auckland Council under s 274 P Anderson for Royal Forest & Bird Protection Society Inc. under s 274 Date of Decision: 23 September 2021 Date of Issue: 23 September 2021 ____________________________________________________________________________________________ DECISION OF THE ENVIRONMENT COURT O...

5. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   ...activities sensitive to noise in the part of PC51 land zoned Town Centre or non-residential activities sensitive to noise within parts of PC51 zoned as THAB. [42] The amendments to Policy 8 therefore better implement the Objective by adequately protecting all activities sensitive to noise within proximity to SH22. Amended rules [43] The Appeal does not seek any change to the activity status of Precinct Rule (A11). Any activity that does not comply with standard IX.6.5, IX.6.6 and I...

6. Anti-corruption guide for NZ businesses [pdf, 223 KB]

   ...operations and limited resources. Anti-corruption compliance is equally important and beneficial for these types of businesses, and need not be cumbersome and expensive. Combating bribery and corruption should be a priority for any organisation that cares about its future. While no compliance programme can completely remove the risk of corruption, following the principles set out in this guide will go a long way to helping your business implement effective and proportionate procedures...

7. Fish & Game - EiC - M J Trotter - Ecological Flow (5 Feb 2021) [pdf, 397 KB]

   ...adverse impact of flow reduction on aquatic habitat. Dr Hayes discusses this concept in more detail. 21 Richter BD, Davis MM, Apse C, Konrad C 2012. A presumptive standard for environmental flow protection. River Research and Applications 28: 1312-1321. 2101895 | 5755417v1 page 10 Some examples of Otago Rivers that have had reductions in abstraction levels 47 The Kye Burn in Central Otago has historically experienced very h...

8. Proactive release - Electoral Amendment Bill No2 [pdf, 1.9 MB]

   ...volunteer their labour free of charge. This is a pragmatic approach as such a ban would be impracticable to enforce. Most volunteers will be people living in New Zealand, so will not fall within the definition of overseas persons anyway. Donations protected from disclosure 25. For the avoidance of doubt, the ban will also make it clear that overseas persons cannot use the rules for donations protected from disclosure. These rules allow for the making of donations directly to the Electoral Co...

9. 2020-02-19 Richard Allibone Reply [pdf, 214 KB]

   ...in the Manuherekia where the same combination of trout, Central Otago roundheads and drying reaches occur. Therefore, while PC7 will not establish residual flow and remove drying reaches, these drying reaches are often important features that protect galaxiid populations. 4 13 With regard to Dr Dunn’s concerns regarding hydrological alteration there is a second alteration I would consider has a serious impact on non-migratory galaxiids and that is the creation of dams. D...

10. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

    ...and rehabilitation for the torture he had endured, in violation of his rights under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [34] The Royal Commission of Inquiry into Historical Abuse in State Care and In the Care of Faith Based Institutions (the Royal Commission) commenced in 2018. This included hearings in relation to Lake Alice and many survivors including M, gave accounts of their experiences. The Royal Commission published a...