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1. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...the harbour and restore its mana with participation of tangata whenua, and the return of certain lands and fisheries. Impact of Treaty on Government Agencies 13 In 1986 the Government moved to implement recommendation 13 which sought statutory protection for waahi tapu by compulsory acquisition. Not all of the Tribunal’s recommendations have been acted on although some progress has been made. A Manukau Harbour Strategy has now been completed as recommended. Its implementation will re...

2. Goode v CAC 20002 & Ors [2014] NZREADT 64 [pdf, 135 KB]

   ...to us, to an address where we wouldn't get it immediately. Then she could blame the post." He said that it was very difficult to find out constructive information about a property from EQC so that the appellant's lawyer could not protect them from "this kind of fraud" as he put it. He added that real estate agents in Christchurch were desperate for sales at that time and knew that he was then desperate for good housing for his family. [46] The appellant refe...

3. [2018] NZEnvC 008 Adams v Auckland Council [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND AND BETWEEN AND Decision No. [2018] NZEnvC 008 of the Local Government (Auckland Transitional Provisions) Act 1010 (LGATPA) the Resource Management Act 1991 (the RMA) of four appeals pursuant to s 156(1) of the LGATPA RADAMS (ENV-2016-AKL-197) R & H DUNLOP FAMILY TRUSTS (ENV-2016-AKL -242) HOUSING CORPORATION OF NEW ZEALAND (ENV-2016-AKL -236

4. [2018] NZEnvC 008 Adams v Auckland Council [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND AND BETWEEN AND Decision No. [2018] NZEnvC 008 of the Local Government (Auckland Transitional Provisions) Act 1010 (LGATPA) the Resource Management Act 1991 (the RMA) of four appeals pursuant to s 156(1) of the LGATPA RADAMS (ENV-2016-AKL-197) R & H DUNLOP FAMILY TRUSTS (ENV-2016-AKL -242) HOUSING CORPORATION OF NEW ZEALAND (ENV-2016-AKL -236

5. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

   ...because lease arrangements are agreements between private parties, care needs to be taken not to disrupt these arrangements more than is necessary to support a fair result. Such private arrangements are a fundamental part of our civil law system and are protected by the principle of sanctity of contract. Option A: Revived subsidised mediation and arbitration service 31 This option would revive the voluntary mediation and arbitration service subsidised by the Government in 2020 for tena...

6. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...68(5) if it desseminates news which involves provision of new information to the public about recent events of interest to the public. See [52], [54] and [65]. [5] However, on the facts, Asher J made an order under the Evidence Act, s 68(2) that the protection given by subs(1) to journalists’ sources not apply in the context of the defamation proceedings brought by Mr Blomfield. [6] The evidence given by Mr Slater to the High Court addressing the issue whether he is a journalist and...

7. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...allegations: where fraud is alleged, there must be clear and sufficient evidence to support it, see for example Carter Holt Harvey Ltd v Commerce Commission. 5 He submitted that this is also recognised in r 13.8 of the Rules of Conduct and Client Care 2008, which provides: Reputation of other parties 13.8 A lawyer engaged in litigation must not attack a person's reputation without good cause in court or in documents filed in court proceedings. 13.8.1 A lawyer must not...

8. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...Australia and New Zealand would be extended to those requiring a person to do, or not do, something (eg injunctions and orders for specific performance). There would be certain exclusions, such as orders about the administration of estates or the care or welfare of a child. These sorts of orders are not covered by SEPA. Interim relief in support of foreign proceedings - Appropriate New Zealand and Australian courts would be given statutory authority to grant interim relief in support o...

9. Taueki v Horowhenua Sailing Club Ltd - Horowhenua Lake 11 (Lake) Māori Reservation (2015) 337 Aotea MB 68 (337 AOT 68) [pdf, 158 KB]

   ...the Court stated: 4 [33] It is inappropriate to strike out a claim summarily unless the court can be certain that it cannot succeed. The case must be “so certainly or clearly bad” that it should be precluded from going forward. Particular care is required in areas where the law is confused or developing. [26] In the recent decision of Commissioner of Inland Revenue v Chesterfields Preschools Ltd, the Court of Appeal also considered the requirements for striking out an appl...

10. Akura Lands Trust v Te Whata – Akura 1C 3B 2 (2014) 29 Takitimu MB 199 (29 TTK 199) [pdf, 128 KB]

    ...me that neither the trustees nor the owners who made their views known wish to treat Mrs Edmonds’ children unfairly or to deny them any residual benefits of the 1992 agreement. At the same time the trustees have quite properly taken action to protect the Trust assets and the beneficiaries from potential enforcement action by the District Council. They have also taken steps to ensure the Trust’s primary income from the lease is not put at risk. Decision [41] There is a prelimin...