Search Results

1. [2017] NZEnvC 141 NZ Energy Ltd v Manawatu Wanganui Regional Council [pdf, 622 KB]

   ...EIC, New Appendix F, Table 9. JWS Table 1, page 11. New Zealand Energy Ltd v Manawatu-Wanganui Regional Council [2016] NZEnvC 59 at [33] to [42]. 9 reasonably expect that its current operating takes and flow regimes were secure. This did not form part of the High Court Appeal. [26] The interim decision also evaluated the One Plan policy framework for surface water allocation, finding that maintaining the integrity of the One Plan in managing the region's water resources wei...

2. [2016] NZEmpC 105 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 124 KB]

   ...15 of sch 2 of the Act which bestows a broad discretion on the Authority to order one party to pay another such costs and expenses as the Authority thinks reasonable. The applicable principles are outlined in two full Court judgments: PBO Ltd (formerly Rush Security Ltd) v Da Cruz, 7 and Fagotti v Acme & Co Ltd. 8 [10] In summary, the Court has approved the notional daily rate approach to costs orders in the Authority, but particular circumstances may require the exercise...

3. Kemp - Otairi B2B (2010) 8 Taitokerau MB 216 (8 TTK 216) [pdf, 117 KB]

   ...Three Furlongs Hotel at Kaiwaka. The business is under pressure and they need to sell this 8 Taitokerau MB 218 land in order to service the debt and maintain working capital. Furthermore, they have substantial tax liabilities to IRD. Information presented to the Court would suggest that Mr and Mrs Kemp and their company, RBA Enterprises Limited, owe tens of thousands of dollars to IRD in the way of tax and ACC levies. In addition, ASB, which holds a mortgage over the land...

4. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   ...consent is issued for the property. As a minimum, the lighting plan must include the following design considerations: (a) All external lighting must be down lighting only. (b) External lighting must not be used to accentuate or highlight built form, structures or landscape features as viewed from beyond the property. (c) All external lighting within the property must be located no further than 2m away from the building's footprint. (d) External lighting must be no higher than 2...

5. Sanford Limited [pdf, 476 KB]

   ...“Ferry and Fishing Industry Relocation Facility” on the western coastal edge of Wynyard Quarter accessed from 58-101 Hamer Street (“Relocation Facility”). The Relocation Facility application has now been placed “on hold” at Panuku’s request. (b) While the Relocation Facility application is on hold, the Proposal still requires relocation of the fishing industry (including the Submitters) from their current berthage areas on Halsey Street Extension Wharf and the Western...

6. Smith - Estate of Here Wiremu Ihaka Ututaonga [2018] Chief Judge's MB 541 (2018 CJ 541) [pdf, 363 KB]

   ...1953 (the 1953 Act) provides that: (1) This Part of this Act, [in] so far as it relates to the disposal on the death of the [beneficial] owner thereof of freehold interests in Māori land, shall apply with respect to all such interests that form part of the estate, whether [testate] or intestate, of: (a) Any Māori or any descendant of a Māori who dies after the commencement of this Act: (b) Any Māori who has died before the commencement of this Act if in respect of h...

7. Family Court rewrite submission: Northern Specialist Report Writers [pdf, 495 KB]

   ...through complaints by Managers, Practice Leaders, HR staff and lawyers working for the organisation. We do not seek such support but note this is likely why so few complaints come to the Board in respect to psychologists in those settings. 6. We request that s133 of CoCA be amended to allow examination of the parents attitudes, capacity and style of relating to the world as this can be significant for the outcomes for the children. Nicholas Bala at AFCC Adelaide (August 2018)...

8. Short v Stowers - Tumu Kaituna 14 (2018) 199 Waiariki MB 188 (199 WAR 188) [pdf, 335 KB]

   ...following orders: (a) An order changing the status of part of the Tumu Kaituna 14 block from Māori freehold land to General land, being an area of 55.48 hectares; and (b) An order varying the terms of the trust to: (i) specifically permit the formation of legal entities (including limited partnerships in a charitable trust); (ii) facilitate commercial administration of the lands; and (iii) otherwise modernise aspects of the trust, including providing for an increase in trustee...

9. Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) [pdf, 332 KB]

   ...Smith raised concerns over the meeting voting procedure as another reason for seeking an adjournment. He also said that some of the participants had been abusive and that an earlier meeting had descended into conflict.22 The Judge declined his request. [29] At one point, there was a suggestion that mediation might have been a more suitable pathway for the parties to pursue to resolve what are clearly serious issues of conflict 20...

10. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

    ...January 2017. [30] WJ subsequently sought independent advice and advanced, successfully, an application to vacate his guilty plea. [31] Mr Arman was given leave to withdraw as counsel and Shane Tait was assigned to act in his place. Mr Tait requested a copy of the practitioner’s file for WJ at which point the practitioner advised that it was lost. The explanations about how it had been lost were inconsistent and found to be implausible by Judge McNaughton.2 His Honour was una...