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1. Stockman - Lee (2016) 117 Waikato Maniapoto MB 298 (117 WMN 298) [pdf, 180 KB]

   ...directed that hui be facilitated by Māori Land Court staff. [5] No fewer than four hui were facilitated by Māori Land Court staff on: 15 March 2014; 14 June 2014; 21 June 2014; and 19 July 2014. Unfortunately, although the parties were close, no enduring settlement was reached. [6] In recent times the applicants have attempted to persuade the respondents to proceed formally to mediation. The respondents have not agreed to that course of action. 117 Waikato Maniapoto MB 300...

2. Trustees of Te Reti B and C Residue Trust - Te Reti B and C (2004) 76 Tauranga 259 (76 T 259) [pdf, 1.6 MB]

   ...the other trustees and beneficiaries. The Court must also consider and give effect to the wishes of the owners as required under Section 17(2)(a)/93. In his Chairman's report Tawhia Matthews referred to the turbulent times that the Trust had endured due to personality clashes and lack of communication. This Court is aware of a number of previous applications regarding problems that have arisen at the Tuesday 23 March 2004 A03-5814 - Te Ret; B & C Minute Book: 76 T 264 T...

3. Feng v Young [2016] IACDT 40 (12 August 2016) [pdf, 177 KB]

   ...86; its orders are different from orders made under the Sentencing Act 2002. The Tribunal’s orders are provable in bankruptcy, unlike orders made under the Sentencing Act. Accordingly, the Tribunal’s orders are like other civil debts and do not endure through a bankruptcy. Accordingly, the ability to pay does not affect orders in the same way it does for reparation orders. [8.2] The Tribunal has regarded its orders for financial penalties as matters where it has some discretion; it d...

4. Family Court Rewrite Submission - MoJ Runanga [pdf, 536 KB]

   ...affects an individual. It would also recognise and acknowledge how this differentiates from the makeup of non- Maori families. This would also delve into the “intergenerational-curse” and how we as Maori(today) have suffered due to the atrocities endured by our Tupuna. Land, identity, culture, language and how we are perceived by our own people and our country, has significantly impacted how we view the world and vice versa. Conclusion Again, we, the delegates of the MOJ...

5. [2019] NZEnvC 108 Maehl v Lenihan [pdf, 8.3 MB]

   ...made. [23] In those circumstances liability for the impact of the ongoing order and the necessity for the landowner to remove the interim order came to the fore. I accept that the constraint on the owners use of the land was significant and has endured until 26 April 2019. Whether it continues since that date due to a further order of the High Court is unclear and no information has been supplied by the parties in that respect. 7 Quantum of claim [24] Essentially the applicant...

6. HY v RB & YR [2019] NZDT 1217 (7 October 2019) [pdf, 167 KB]

   ...throughout the day. Between 7:30 a.m. and 6:00p.m., the limits are an average of 75 decibels (e.g., for general machinery noise) but with allowable bursts up to 90 decibels (e.g., when unloading rock). Ms HY is at home during the day, and has endured constant loud noise from engines, machinery scraping and digging and the removal and delivery of material. c. Whilst the road is being constructed, heavy vehicles associated with the Works have accessed the quarry via X Road, which is...

7. [2021] NZACC 164 – Wilson v ACC (19 October 2021) [pdf, 266 KB]

   ...The evidence adduced by the applicant was the only evidence which addressed the correct legal test. That is, whether there were mental consequences arising from the 1976 accident; and [e] As the applicant’s evidence identified that he had “enduring mental issues” as a result of the 1976 injuring event itself, cover should have been extended to include such effects. [6] Ms Bransgrove defines the questions of law to be determined on appeal as follows: Question one: What...

8. FL & UL v DB [2021] NZDT 1595 (19 July 2021) [pdf, 209 KB]

   ...had not entered the flush median and he was stationary at the time of the crash. 9. There is no doubt that Rule 4.4 required DB to give way to FL. FL was on a roadway and DB had exited a driveway and crossed two lanes. His requirement to give way endured until he had a clear road in which to make his journey across the flush median and enter the lane. 10. DB maintained that at most he had just entered the flush median, stopped to check and the crash occurred because FL’s vehicle str...

9. Trustpower S Styles Supplementary evidence on pRPS 21 July 2021 [pdf, 176 KB]

   ...Also of relevance is the proposed RPS approach to climate change. Within the Integrated Management chapter15 the policies on climate change introduce the concept of allowing contravention of environmental bottom lines where an activity provides enduring regionally or nationally significant mitigation of climate change impacts, with commensurate benefits for the well-being of people and communities and the wider environment16. This suggests that activities such as hydro-electricity...

10. 06.-Evidence-of-Mr-Wayne-Kiriona-Ngati-Huia-Collective.PDF [PDF, 181 KB]

    ...of writing this submission a formal Project Partnership between Iwi and Waka Kotahi is being developed, but is not yet completed or formalised. CULTURAL IMPACT ASSESSMENT 17. As an initial point, we believe that because of the largescale and enduring, nature of the Project, it is not possible to articulate all cultural effects in a single CIA document. 18. In the past, hapū have been invited to provide CIAs for projects and, usually, that is where hapū engagement ends. Howe...