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1. [2023] NZEnvC 154 Middle Hill Ltd v Auckland Council [pdf, 1.4 MB]

   ...[4] Auckland Council filed provisions for approval. The traffic and transportation rules are agreed. The landscape planting standard is not. [5] The location of the yard is depicted on the amended I553 Warkworth North Precinct Plan 2, which forms part of the order attached to this decision. The location and extent of the yard has been agreed. We accept that location and extent. 1 Middle Hill Limited v Auckland Council [2022] NZEnvC 162. 3 [6] The following wording f...

2. Taueki - Horowhenua X1B41 North A3A and 3B1 (2008) 16 Aotea Appellate MB 30 (16 WGAP 30) [pdf, 10 MB]

   ...for me on my behalf at the Special Meeting for the Proprietors of Hanita Incorporation to be held on 21st January 2007 and any adjournment thereof. Signed this day of 20 Signature of Member " Q [10] No evidence was given as to when the proxy forms were received by the office of the Incorporation. Three of the 13proxy forms were dated 21 January 2007, being the date of the meeting. All but one of the proxy forms appointed a current member of the committee of management of the Incorpo...

3. LCRO 05/2018 ZZ v XX and WW Lawyers (26 September 2018) [pdf, 232 KB]

   ...actions or proceedings affecting the franchisee or the guarantors before any Court or other body, which may materially adversely affect the financial condition or operation of the franchisee or the guarantors or materially impede their ability to perform their obligations under the franchise agreement or the securities. [7] At the time the purchase negotiations were progressing, Mr ZZ had an assault charge before the court which was awaiting a hearing. [8] The question as to whether d...

4. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...be on those aspects of Ms TJ’s complaints which properly engage a consideration as to whether the lawyers acted competently. Should the lawyers have assisted Ms TJ in making an application for legal aid? [56] Ms TJ says that she made repeated requests of her lawyers to file an application for legal aid, but they refused to do so. [57] The lawyers contend that they explained to Ms TJ that they did not consider that she would qualify for legal aid. [58] I am unable to resolve this...

5. [2021] NZREADT 18 - Brady (28 April 2021) [pdf, 338 KB]

   ...which Mr Brady is the sole director and a 50 percent shareholder, pursuant to which Marmitmor became the purchaser of the property. Marmitmor’s purchase of the property was settled on 4 April 2018. [f] Mr Brady did not obtain the vendors’ informed consent in the prescribed form for Marmitmor to become the purchaser of the property, as is required by s 134 of the Act, and did not provide the vendors with an independent valuation of the property, as is required by s 135 of the...

6. Whaanga - Anewa (2012) 22 Tairawhiti MB 167 (22 TRW 167) [pdf, 238 KB]

   ...is, to “facilitate the use and occupation by the owners of land owned by Māori by rationalising particular land holdings and providing access or additional improved access to the land” (s 287(2)). [3] I made a direction on 31 October 2011 requesting that the trustees of the Anewa Trust (the Trust) address these three matters. The trustees have responded, and Mrs Whaanga has also replied to the trustees’ response. Section 288(4) [4] The first and central issue to be deter...

7. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...clients’ position. Knowing that the clients were personal friends of Mr Sawyer’s, Mr Radich proceeded with some caution and did not suggest, at that stage, that they may have any remedies against Mr Sawyer’s firm. [22] On receiving the request for the file Mr Sawyer who was on leave, went into the practice one evening to tidy the file in order that it could be sent to Mr Radich. Mr Sawyer acknowledged that file management had never been his strong point and when he looked...

8. 02.-Evidence-of-Ms-Dianne-Rump-Muaupoko-Tribal-Authority64019775.1.PDF [PDF, 321 KB]

   ...team from its Treaty partnership with the Crown (and by extension, Waka Kotahi). 2 See Figure 1 on page 8 of the CIA. 3 Page 11 of the CIA. 4 Muaupoko Customary Interests (justice.govt.nz) 5 MuaupokoLand Interests (justice.govt.nz) https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_96386105/Wai%202200%2C%20A182.pdf https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_96559171/Wai%202200%2C%20A185.pdf Page 8 26. In our view holding this space for each Project par...

9. [2023] NZEnvC 174 Barbican Securities Limited v Auckland Council [pdf, 292 KB]

   ...Land removed from future productive use [19] With respect to land lost to future rural productive use as a result of new dwellings and resultant curtilage, we note that the Appellant has offered to limit the extent and position of building platforms and secure the same by way of consent notice. We advance on the premise outlined inter alia in Guardians of Paku Bay Association Inc v Waikato Regional Council,9 that such conditions can and will be complied with and enforced. We furth...

10. BORA Parihaka Reconciliation Bill [pdf, 4.3 MB]

    ...vulnerable removed themselves to Kapiti, the primary root left behind resisted. The potential of peace was conceived, bound by Potatau and Matakatea at Orangituapeka pa, giving rise to new hope and fortitude. Settlements of the past faded and new forms of community arose, they were sanctuaries of collective prosperity. This was a generation born in the depths of war that gave rise to proph­ ets of inspired vision, breaking from their con­ straints with concepts of empowerment and tran...