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1. Barriball v Schimanski - Otaraoa-B2E Block (2021) 431 Aotea MB 256 (431 AOT 256) [pdf, 287 KB]

   ...this judgment would have made it untenable for Ms Eriwata to have remained a trustee. My conclusion is that, had she not resigned, Ms Eriwata would have been removed as a trustee for cause. [45] In any event, the trust has now been subjected to a careful and intensive review and an independent audit. There have also been changes to the trustees. That the trustees have made some important improvements to their own internal processes is also acknowledged. As a result, I am satisfi...

2. Effective Lawyering in the New Plan Making Paradigm [pdf, 588 KB]

   ...this, participation in independent hearings panel processes is unlikely to be ‘cheap’. Rather the financial and economic gains are more in the sense that they deliver plans much more quickly than traditional ‘two step’. Lawyers need to be careful to properly brief their clients on those realities. In essence, a client needs to see value in terms of influencing the final outcomes that they will then need to live with once the plan is in effect.

3. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [pdf, 117 KB]

   ...sought her explanation. [39] Ms Essina sent a text message to the complainant on 19 October 2017 (verbatim): Hello [the complainant’s name], how are you? I wonder, how much your complaint worth to you? I am about to pay a lawyer the money to protect me…but I would rather pay it to you, if you withdraw your complaint. Are you interested to talk about it? Explanation to Authority from Ms Essina [40] A barrister, Mr Y Lukas, wrote to the Authority on 13 November 2017. He r...

4. [2022] NZEnvC 186 Blue Wallace Surveyors Limited v Waikato District Council [pdf, 422 KB]

   ...5851 Great South Road, Ngaaruawaahia The property at 5851 Great South Road, Ngaaruawaahia was not included as a Maaori Site of Significance in Schedule 30.3 of the notified Plan. Ngāti Tamainupō in submission 962 sought the following: Add protection on some of the significant borrow pits on the properties at 5851 Great South Road and 2831 River Road Ngaaruawaahia, and any other section the submitter deems to be of high cultural significance (e.g. proximity to Pukeiāhua and size)...

5. OIA-103056.pdf [pdf, 7.3 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 27 April 2023 Ref: OIA 103056 Tēnā koe Official Information Act request: Microsoft licenses Thank you for your email of 3 March 2023, requesting under the Official Information Act 1982 (the Act): Please provide correspondence and documents from the past six months regarding Microsoft licences purchased, or being paid for, by the Minist

6. [2021] NZEnvC 032 Cabra Rural Developments Limited v Auckland Council [pdf, 32 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE IYIA TIER OF BETWEEN AND AND Decision No. [2021] NZEnvC O 3 2 the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and appeals pursuantto s 156 oftheLGATPA CABRA RURAL DEVELOPMENTS LIMITED FOREST HABITATS LIMITED

7. [2024] NZEnvC 142 Neil Construction Limited v Far North District Council [pdf, 3.2 MB]

   ...in her view, the identified cultural values within the site will be protected by:3 • Avoiding development works and land use activities within identified stream and wetland environments as protected by the NPS-F and the NES-FM; • Actively protecting stream and wetlands environments in perpetuity and undertaking restoration works including weed management, and restoration planting; • Avoiding development adjacent to the Rangitane River and protecting water quality through well...

8. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report.pdf [pdf, 1.8 MB]

   1 Otago Regional Council Key Issues Report Plan Change 7 to the Regional Plan: Water for Otago (Water Permits Plan Change) 9 October 2020 Author: Tom De Pelsemaeker 2 TABLE OF CONTENTS Introduction………………………………………………………………………………………………….....3 Summary of the state of the environment in the Otago region ........................... 5 Summa

9. Waitangi Tribunal Vol 1 Tauranga Moana [pdf, 13 MB]

   T   A   U    R    A     N    G     A  M   O  A     N     A 1  8  8  6    –    2  0  0  6 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W  A  I  T A  N    G 

10. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

    ...Guardian Royal Exchange Assurance of New Zealand Ltd (No 2) (1988) 5 ANZ Insurance Cases 60-844, per Heron J (New Zealand High Court) at pp 75,281-75,282 (where his Honour said that an adequate award for physical inconvenience will largely take care of and compensate for mental anguish). Certain types of contracts have as one of their objects the provision of peace of mind, convenience and freedom from distress to a party. Where it is breached in a manner causing distress, pain,...