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1. Te Aika - Kaiapoi MR 8873 Block XI Section 214 (2005) 111 South Island MB 161 (111 SI 161) [pdf, 896 KB]

   ...Section 214 ("the block") . He has applied for an occupation order under section 328 of Te Ture Whenua Maori Act 1993 over part of the block in order to build a house on the site. Background Prior to the hearing, I issued a direction informing Mr Te Aika that before his application could proceed, he had to supply the Court with (a) evidence that he had notified the other owners of the block of his application; and (b) written consents or objections to his application. The h...

2. Heaslip - The Estate of Wilhelmina Floate or Wilhelmina Fisher or Wilhelmina Newton (2005) 110 South Island MB 110 (110 SI 110) [pdf, 1002 KB]

   ...Submissions were received from counsel for the applicant. On 3 November 2004, I advised that I would consider the submissions in chambers and produce a decision on the jurisdiction question and the whangai status of Wilhelmina Fisher. I will only form a view as to the jurisdiction question. In relation to the whangai status of Wilhelmina Fisher, I have decided to fixture another hearing on the question of Ngai Tahu tikanga relating to whangai succession. Please see below for my directio...

3. Opawa Rangitoto 2C Incorporation v Tito - Opawa Rangitoto 2C Incorporation (2004) 142 Aotea MB 69 (142 AOT 69) [pdf, 236 KB]

   ...represented by Mr Fullar. Maria Tito, her husband Mark Tito and Mary Wall were present in opposition to the application. 1.4 When the application was called, Maria was asked if she wanted to obtain legal representation. Maria refused this offer and requested that the matter be dealt with that day. Minute Book: 142 AOT 70 2. The Evidence 2.1 To substantiate the grounds relied upon, the Incorporation presented evidence which alleged that while Maria was a committee member she ha...

4. [2018] NZEnvC 245 Wilkins Farming Co Limited v Southland Regional Council [pdf, 1.1 MB]

   ...Preliminary matters [3J Before considering the s 116 application , I wish to comment on a procedural matter. I am aware that the notice of appeal and s 116 application were lodged in the Auckland Registry. As clause 19 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 makes clear, the Registry for filing proceedings is Christchurch. Notwithstanding the 'AKL' court reference, the proceeding has been transferred to the Christchurch Registry and all fut...

5. Family Court Rewrite Submission - Roger Payne [pdf, 116 KB]

   ...Grandparents is required . Lawyers and judges have had too much say in past Reviews . It is high time to allow wider knowledge to prevail . CASE STUDIES 4. In your Overview to the on-line January 2019 consultation document ( Third Subheading : Information about Third Parties ) you report that the case study approach to better management has not been allowed on grounds of privacy under the founding Family Court Act 1980 . This is the first time I have seen a Family Court Review provi...

6. [2021] NZEmpC 38 Kennedy v The Chief Executive of Oranga Tamariki [pdf, 178 KB]

   ...in the Court [4] The application for special leave was filed at the beginning of April 2020. It was accompanied by an unsworn affidavit from Ms Kennedy. It being unsworn was understandable given the situation at the time.3 Despite numerous requests, however, no sworn affidavit has been filed. [5] The application for special leave was set down for a hearing on 24 July 2020, with evidence and submissions to be filed in advance. [6] Ms Kennedy failed to file a sworn affidavit...

7. 2021-03-09 Tom de Pelsemaeker - Summary of Evidence (dated 8 March 2021) [pdf, 144 KB]

   ...the new freshwater planning framework becoming operative by 31 December 2025. Submissions on the Plan Change 6 The plan change has generated a large number of submissions, some of which were in support and others opposing the plan change or requesting amendments. Key concerns raised by submitters are: (a) The social and economic impacts of only providing for short-term consent durations; (b) The plan change provisions force a clawback on actual water use; (c) The plan change d...

8. McGregor v Jensen [pdf, 76 KB]

   ...and the twelfth respondent, who were involved in earlier remedial works associated with the deck, reached a settlement prior to the hearing. As a result, the claim did not proceed against those parties and defects in relation to the deck did not form part of this adjudication Facts Prior to the sale of the house to the claimants, the vendors engaged Concept Design and Development Ltd to provide simple concept plans to building consent stage. After the purchase, Mrs McGregor purchas...

9. Findlay v Auckland City Council [pdf, 92 KB]

   ...labour-only basis to carry out the carpentry component of the building works and allegedly acted as site foreman and supervisor of the build. Summary of Facts Late Aug 1995 Mr Findlay purchased the section and the Lee Findlay Family Trust was later formed. The Trust acquired title to the property. Mr Findlay and Mr Sandelin were trustees 1995 A quotation given by Leuschke Group Architects was substantially lower than two other quotations and therefore Mr Findlay engaged Leuschke t...

10. 2017-NZEnvC-048 Okura Holdings Limited v Auckland Council [pdf, 165 KB]

    ...introducing new parties would might have on progressing the appeal to resolution. [21] In this case the parties in opposition to the waiver have acknowledged that they will not be unduly prejudiced if the waiver is granted. Instead they have requested that the Court exercise its discretion and decline the waiver on its merits. [22] In considering the application on the merits, the Court is satisfied that WDLP is not a trade competitor. WDLP's interest is focussed on the modelli...