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1. ENV-2016-AKL-000185 Viaduct Harbour Holdings Limited v Auckland Council (scope) [pdf, 9.1 MB]

   Notice of appeal to Environment Court against decision on proposed Auckland combined plan Dated: 16 September 2016 Before the Environment Court In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan – s 156(1) of the LGATPA – Topic 050 City Centre – Viaduct Harbour Precinct - rezoning Lighter Quay as Sub-Precinct

2. Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) [pdf, 732 KB]

   ...partnership has also invested in a number of communal facilities including a summer house, swimming pool, bowling green, boardwalk and community centre. The partnership has recently completed a tender process for the construction of a 120 bed aged care facility, with completion expected in late 2019. [13] The lease acquired by the partnership was valued in 2009 at $8,000,000.00. A loan of $8,000,000.00 was provided by Mangatawa and was secured by way of a second mortgage over the...

3. Taylor v Orcon Ltd [2015] NZHRRT 15 [pdf, 125 KB]

   ...eliminated by goodwill credits must be tested against Orcon’s internal records. We do not intend going through every file note. The ones we have found of greatest significance follow. [32] A file note dated 16 October 2013 records a Customer Care Manager (Mr David McGhie) telephoned Mr Taylor. He acknowledged the file could have been handled differently, that there had been different interpretation of charges, inconsistency 8 regarding information previously communicated and...

4. Wellington v MacDonald - Te Maika B4 Residue (2008) 129 Whangarei MB 258 (129 WH 258) [pdf, 6.1 MB]

   ...Rosie MacDonald is within the preferred classes of alienees and that the interests of others have been considered. The gift is subject to certain understandings. As to the objection because of the transferee possibly selling, there is now sufficient protection in the new legislation even if that were a consideration. Order accordingly vesting 600 shares in Rosie MacDonald as sought. Stamp duty of $360 is payable within 2 months and evidence of payment of gift duty or that same other arr...

5. Reuben Fraser - Evidence in Chief [pdf, 875 KB]

   ...be avoided and methods used must hot involve dredging or trawlin~ or disturb the foreshore or seabed. 1~, If th~~e condition.s ~m~ not met then consent for a f LJ IIY ~discretionary activity must be optained, 20. Rules of any kind need to be carefully considered and tested through a consultation process and sectiqn 32 ~nalysis. I have a number of real c9ncerns about. the ruie framework proposed. Given the breadth of the matters over which Counci! is proposed to limit jts discretio...

6. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

   ...it. The house also needs to be accessible to and from the public road. Mr Kahukiwa submitted that these rights were reasonably implied when the consent of the other owners was given and in turn became corresponding obligations on the owners to protect those rights via an equitable trust. Because the rights exist in equity, they do not need to be formalised to be enforceable. [38] Mr Kahukiwa made lengthy submissions regarding the effect of the subsequent events and Court orders (...

7. Disputes Tribunal Annual Report for 12 months to 31 December 2024 [pdf, 1.3 MB]

   ...Disputes Tribunal Act 1988. If enacted, this amendment will increase the jurisdiction of the Tribunal to $60,000.00. The Tribunal worked hard throughout 2024 to be ready, should this decision be made. I am incredibly proud of the commitment and care that my 65 colleagues have shown to their parties, and their pursuit of timeliness, accuracy and good judgement in their facilitation and adjudication. I am very grateful to the Chief Justice, Helen Winkelmann, for her unwavering suppo...

8. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

   OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)

9. Evaluation of Wanganui community-managed restorative justice programme [pdf, 637 KB]

   ...2003). In conventional criminal justice systems, professionals representing the state make the decisions about how to respond to the offending. In contrast, restorative justice processes provide for victims, offenders and their ‘communities of care’ (Braithwaite, 1989) to come to decisions about how best to deal with ‘their’ offence. Restorative justice processes operate differently within and across different countries. Allison Morris (2002) has argued that there is no singl...

10. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

    ...to seek to redress perceived wrongs that bear no relationship to the Fisheries Settlement. [27] Counsel for Te Aupōuri stresses that it is clear that the coastline allocation methodology is one based on the Treaty principles of recognition and protection of iwi rangatiratanga, the right to control iwi assets and redress for past breaches. In this context, it would be difficult to see how a determination could be other than on the basis of iwi customary rights and interests in the...