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1. E36 Rebecca Skidmore - Urban Design - EIC - Council [pdf, 841 KB]

   ...wording could be included as an explanatory note to highlight the differing contexts of Base B and Bases C-G. However, I do not consider the other amendments suggested by Mr McIndoe are necessary to provide suitable flexibility for differing base formats and constructions. 6.4 My Report recommended a number of conditions to ensure public access to the coastal edge is maintained. The intent of the recommendations have largely been adopted in the suite of Proposed Conditions attac...

2. Bradley v Jones - Miria Pene [2016] Chief Judge's MB 907 (2016 CJ 907) [pdf, 414 KB]

   ...presentation of the facts of the case to the Court or the Registrar. The Chief Judge may also make such other orders as, in the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [9] The applicant has requested the that Chief Judge amend the order that is the subject of this application. In terms of Tau v Nga Whānau O Morven & Glenavy – Waihao 903 Section IX block 2 and Ashwell – Rawinia or Lavinia Ashwell (nee Russell)...

3. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...adjacent Awarua o Hinemanu land as one unit with a common set of trustees; and (j) An order requiring the respondents to take formal steps to seek legal and vehicular access to Te Koau A. [5] The application was heard on 2 August 2016. 3 Mr Calver requested that the proceedings be adjourned, in light of the complexity of the case, and given the fact that the filing of evidence had been delayed. Ms Sykes made an oral application to strike out the proceedings on the basis that th...

4. Leckie - Matauri 2K (2016) 137 Taitokerau MB 23 (137 TTK 23) [pdf, 219 KB]

   ...Access The issue of access was raised by Iris Morgan and Marie Williams. I have briefly reviewed the historical title records which disclose a roadway that provides access to Matauri 2D and 2K (and other blocks). However, this does not follow the formed roadway. Furthermore, it appears that the Te Kiripaka block does not have a formal right of access over Matauri 2G or even Matauri 2F2B. Clearly access has been allowed because of the commonality of ownership amongst these land...

5. 2021-05-11 ORC PC7 draft site visit itinerary - Final (updated 11.5.21) [pdf, 1 MB]

   ...Attendees: • Court • Court Security Officer • Nominated Guide (Richard Anderson) 5 Friday 14 May 2021 Maps of the orchard and vineyard sites to visit are provided in Attachment C. Community representative(s) The court has requested that a community representative(s) accompany it on the site visit. Two nominations were received from counsel: • Mr Graye Shattky (MBE) is a member of the Manuherekia Water Strategy Group, a former secretary of COES, and was...

6. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...Marriage regarding the information recorded on the birth certificate: (a) The recording of any adoptions may not necessarily be noted on the birth certificate; (b) There is a process whereby a copy of the pre-adoptive birth certificate can be requested. However, this can only be done by the adopted person (at a cost) or by way of a Court order from the Family Court, District Court or the High Court (also at a cost). Findings paragraph 6(b) above 12. Research of the Māori Lan...

7. National Standards Committee 1 v Young [2020] NZLCDT 30 (25 September 2020) [pdf, 183 KB]

   ...OF TRIBUNAL RE PENALTY [1] On 29 June 2020, the Tribunal found Mr Young guilty of two charges. Both arise from his dealings with one client. One charge concerned negligence or incompetence, the other concerned his attempts to dissuade his former client from pursuing the complaint. [2] Although these charges arise in relation to only one client, and therefore may seem to stand on a narrow base, the National Standards Committee seeks that Mr Young be struck off the roll of barr...

8. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

   ...the Mullen application for access I have relied on assurances from Mrs Ashton and her brothers that they do not intend to sell Hongoeka 4A now or in the foreseeable future. Indeed, they emphatically denied that possibility and stressed that the request for access was to enable the family to enjoy their lands and build for themselves. While I appreciate that over time priorities and needs can alter, nonetheless it must be underscored that the access now granted is specific to the cur...

9. Hunter - Harataunga East 2B2B1 and 2D2 (2004) 106 Hauraki 128 (106 H 128) [pdf, 963 KB]

   ...transfer of 35/56ths (5/8ths) of a share in Harataunga 2D by way of gift to Mrs Thwaites. That transaction was completed by Court Order, but there is no further evidence as to any arrangements that may have been made by the parties. The only other information held by the Court comes from the hearing of Mrs Thwaites' application for an easement for conveyance of water in exchange for access in July 1982. Ngawiki was deceased by that time. Mrs Thwaites' evidence was that s...

10. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

    ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...