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1. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...on 2 August 2021. The matter was adjourned for the purpose of allowing counsel to propose a timetable towards mediation, as well as a suggested timetable to hearing. By joint memorandum of counsel dated 11 August 2021, a mediation date was requested and, in the event that the matter was not resolved through mediation, counsel proposed a timetable to hearing. Mediation was set down but did not occur. [12] [13] [14] 8 Expert witness conferencing – 28 April 2022 Ex...

2. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC '-05 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AHUAREKA TRUSTEES (NO. 2) LTD (ENV-2015-AKL-147) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge B P Dwyer Environment Commissioner J R Mills Environment Commissioner Evon Dadelszen Hearing: 27 June - 5 July 2017 Final submissions: 19 July 2017 Appearances: R E Bartlett QC for

3. Family violence & the pro-arrest policy: a literature review [pdf, 214 KB]

   ...report on Maori Family Violence in Aotearoa (Balzer et al. 1997) points out that the similarities in the ‘colonial histories of Australia, America and Aotearoa could well explain the commonalities around problems being faced by indigenous people and the forms of resolutions or solutions which have been suggested’ (Balzer et al. 1997:58). The report outlines a substantial change in gender relations and household structure within Maori society that promoted the husband to head of household a...

4. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   Cooper v Kaipara District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 143 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 (Act/RMA) BETWEEN ALMA AND PETER COOPER, AMY AND GREG CRAMOND, NIKKI HARRIS, SUSAN HODKINSON, NATASHA AND JOHN LEE, JONATHAN AND PATRICIA MCKINNEY (ENV-2022-AKL-000142) Appellants AND KAIPARA DISTRICT COUNCIL Respondent AND VERMONT STREET PARTNERS L

5. CAC306 v Zhou & Anor [2015] NZREADT 51 [pdf, 223 KB]

   ...Road, by carrying through the scheme himself with his flatmate’s and wife’s assistance. It follows from this submission that the prosecution invites us to reject the evidence of Mr She, his wife, and his flatmate. [23] There is an alternative formulation of misconduct submitted by the prosecution, discussed further below, that even if the evidence called on behalf of Mr She is accurate, he is still in breach of the disclosure provisions in the Act because he did not at any stage in...

6. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

   ...deal with the defendant regarding the listing and sale of the property. However, it is put that Mr Waine possessed no written authority from Mr Rees confirming his authority to sell the property on Mr Rees’ behalf; and that the defendant never requested Mr Waine to confirm that he was acting on Mr Rees’ instructions. Mr Hodge submits that the defendant’s acceptance of Mr Waine’s purported authority to act on Mr Rees’ behalf, without ever directly communicating with Mr Rees to...

7. Implementation for Drivers of Crime investment package for alcohol and other drug assessments and interventions [pdf, 221 KB]

   ...for the programmes. Budget arrangements, procurement and timeline 24. We recommend that funding for this initiative should be allocated to Vote: Health. The Ministry of Health will directly manage the contracting for this initiative and seek Requests for Tender from DHBs and the NGO sector. 25. The Ministry of Health will give consideration to enhancing existing services as well as implementing new services in areas with the greatest need. The Ministry of Justice and the Departm...

8. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...After discussion between that lawyer and Mr GN, it was agreed that the estate funds would be amalgamated with the trust funds and invested by Mr GN through his nominee company. [23] In a letter sent directly to Mrs IG on 5 November 2002, he informed her that “all of the assets in the trust and the estate are effectively yours”. [24] Amongst Mr IG’s papers in [Country Z], Mrs IG located a copy of the draft trust deed that Mr GN had prepared for Mr IG to consider in 1992, whic...

9. [2020] NZEnvC 139 Flax Trust v Queenstown Lakes District Council [pdf, 298 KB]

   ...costs against SHL and the Council in relation to the appeal proceedings and Mr van Brandenburg has applied for costs against SHL in the enforcement proceedings. These matters have a somewhat complicated history which I set out below in summary form. 3 Background [3] Flax Trust is the owner of a property at Birchwood Road in the Wakatipu Basin. The neighbours to the north of the Flax site are Mr and Mrs Meehan whose company SHL owns 86 and 88 Speargrass Road. Flax Tru...

10. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

    ...who wanted a limitation on liability. However, he considered that he had bound himself to the contract, as he had finance in place. [14] A written agreement for sale and purchase between Peetom and FFT was not signed until 25 June 2013. A “Form 2” “Client consent for licensee to acquire interest in property”,4 pursuant to which the trustees of Peetom consented to Mr Hawkins (as interested party of FFT) acquiring an interest in the property, was annexed to the agreement. T...