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1. ENVC paper Preparing for an Environment Court hearing 2014 [pdf, 74 KB]

   ...Resource Management Law Association and the Law Societies, and we speak at gatherings of other groups. In 2012 members of the Court and senior practitioners led a “road-show” around New Zealand specifically on this topic. The road-show took the form of a workshop conducted in 8 regional centres around the country. At its conclusion I prepared a paper describing the topics covered and the many matters discussed and learned by all participants including ourselves. [2] I recommend th...

2. CAC20004 v Li & Ors [2015] NZREADT 64 [pdf, 132 KB]

   ...He wishes to make submissions regarding that penalty with particular emphasis on the effect of Ms Wang’s offending on the complainants. [19] By further memo of 18 August 2015, Mr Rea responded to record Ms Wang’s opposition to Mr Pidgeon’s request to make submissions to us on behalf of the complainants on the issue of penalty against her. Mr Rea put it that the complainants are not parties to the proceeding which took place before us and, he submits, have no standing in it. [20...

3. Tipene - Motatau 2 Sec 35B7 (2015) 103 Taitokerau MB 205 (103 TTK 205) [pdf, 184 KB]

   ...the partition is reasonably necessary to facilitate the effective operation, development, and utilisation of the land. I am satisfied that he can satisfy that requirement. [11] Mr Tipene has farmed Motatau 2 Section 35B7 for over 30 years. It forms part of his dairy farming business, and the area he seeks to partition is contiguous with the land he already owns. For the last 10 years his arrangements in relation to the land have remained uncertain as the trust has yet to formalis...

4. ENVC Hearing 6Oct14 WML rebuttal Jon Styles [pdf, 48 KB]

   Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Rebuttal Evidence of Jon Robert Styles on behalf of Waiheke Marinas Ltd Dated 26 September 2014 Ri...

5. [2015] NZSSAA 030, 4 May [pdf, 47 KB]

   ...to have the children taken into account in assessing benefit entitlement and until the parents reach agreement the children are not to be taken into account in assessing the benefit entitlement of either parent. [11] In this case, the appellant requests that the Chief Executive invoke s 70B(4) and stop paying a benefit which includes the children to until such time as they reach agreement on the matter. The appellant says that it is unfair that his former partner should have the child...

6. Murray - Mahinepua B1 (2014) 87 Taitokerau MB 227 (87 TTK 227) [pdf, 106 KB]

   ...Notice. As a preliminary point, Tahua Murray and Carol Kool suggested that in 1966 Auwha Ihaia did not have authority to ask the Court to set aside the land for a group wider than Wiremu Ihaia’s descendants, and are otherwise critical of the final form of the Gazette Notice that was issued. It is not my function to enquire into the correctness of the Gazette Notice or the process that led to it. I must interpret and apply the Gazette Notice as it currently stands. [19] Neverth...

7. Opai - Kohatutaka 6A10D2C (2014) 93 Taitokerau MB 6 (93 TTK 6) [pdf, 238 KB]

   ...overgrown in weeds with some scattered trees whilst the high ground is in regenerating bush. On the southern side of the road, the land is “near level in contour” largely overgrown with weeds and a smattering of trees. The southern boundary is formed by the Mangatawa Stream. There is only one old and aging building on site. The block’s entire value was assessed in 2014 (less the Māori reservation) at $124,000. [14] In terms of the valuation, the valuer adjusted the boundary b...

8. Shortland v Tipene - Motatau 2 Section 34A1 (2015) 114 Taitokerau MB 212 (114 TTK 212) [pdf, 178 KB]

   ...workers, and contractors, from undertaking any further work on the grave site of Reverend Charles Brown Shortland, at Tumutumu urupā. [2] As is standard practice with oral decisions, I reserve the right to amend this decision but only as to form not as to substance, and not to change the outcome of the decision I am about to make. Background [3] Motatau 2 Section 34A1 block is 0.2575 hectares of Māori freehold land located near Motatau, north of Whangarei. On 19 August 1971...

9. Awakeri Hot Springs (2002) Ltd v Trustees of the Pukaahu Domain Trust - Pukaahu (2015) 130 Waiariki MB 140 (130 WAR 140) [pdf, 160 KB]

   ...direction noting that the matter of rent value remained unresolved and that an Independent Valuer would be engaged to provide both parties with an assessment as to rent value for the lease. [11] A teleconference was convened on 3 March 2014, at the request of the applicant, to finalise matters regarding the engagement of an Independent Valuer. I made it clear that 3 TN 24132. 4 102 Whakatāne MB 45 (102 WHK 45). 5 63 Waiari...

10. [2013] NZEmpC 108 Milne v Air New Zealand Ltd [pdf, 156 KB]

    ...plaintiff will face considerable financial difficulty in meeting any award of costs made against her in the Employment Court if she is unsuccessful on her challenge. It appears that she is currently unemployed and has been for some time, although no information has been provided in relation to what (if any) assets she has, or the extent of any financial reserves she might have available to her to meet any future costs award. [11] Counsel for the defendant estimates that the likel...