Search Results

1. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

   ...the original 'outer' boundary, the community liaison group and relevant iwi/hapu Northport Limited v Whangarei District Council 2 by means of a direct letter giving a general outline of the latest application, a map and summary information of the changes. This letter would include an information package, with background information including the noise data and assessment of noise issues, the memorandum of counsel, the directions of this Court and contact information, t...

2. Mangu v Trustees of Te Runanga a Iwi o Ngapuhi [2019] Chief Judge's MB 1449 (2019 CJ 1449) [pdf, 164 KB]

   ...made on 6 December, that the substantive case is on-going, with directions having been issued, and reaffirmed. Accordingly, in this case, as you should have lodged an application for leave to appeal under section 59 of the Act, and in hard-copy form, you have failed to meet the requirements of rules 4.7(1) and 8.13(1)(c) of the Rules. [4] And, secondly: The failure to pay the prescribed fee under r 5(2) of the Māori Land Court Fees Regulations 2013 and r 4.9 of the Rules. The fee...

3. IS & JS v KC [2021] NZDT 1308 (9 April 2021) [pdf, 219 KB]

   ...redacted] has to offer. 2. The Cs own the farm upon which the baches are constructed, as the title to their land extends to the shoreline. 3. When the Cs bought the farm in the 1980s, the bach users became concerned that they might lose their informal rights that the previous landowner had respected. However, the Cs were happy to agree that the bach users had rights of access and occupation. They formalised this in a written “Licence to Occupy”. Under the Licence, the bach...

4. Reuben - Allotments 170-176 Parish of Manurewa [2020] Chief Judge's MB 5 (2020 CJ 5) [pdf, 191 KB]

   ...Valentine Nicholas and his fellow respondents had an interest. [5] On 14 September 2017, Judge Armstrong determined three separate applications by Tuari Hetaraka and others in relation to the Otuatua Stonefields (A20160006578), the site of the former Tamaki Girls College (A20160005969) and an unspecified area of land referred to as Ngāti Tai whenua (A20160005924).2 The applicants sought to have the land determined as Māori customary title and subsequent titles amended or cancelled...

5. Te Manutukutuku Issue 14 [pdf, 2.6 MB]

   ...contentious land claims headed towards its final resolution with the passing of the Orakei Act 1991 late last year. The Act is very different from the 1978 legislation it replaces, reflecting the new environment for the settlement of Maori claims. The former legislation referred cautiously to an 'agreement' reached between the Crown and Maori, with regard to 'the public interest ... tlle interests of the hapu and the special relationship of the hapu with the land'....

6. Te Manutukutuku Issue 12 [pdf, 2.6 MB]

   ...carried out at Matatina marae at Waipoua, with the whakairo work being completed in Wellington. The other foyer carvings are done in native timbers - taraire, kauri, tawa, kamahi, rimu, matai, totara, kahikatea and miro. The carvings incorporate flsh forms such as tuna and a stylised flsh spine. The moon shapes are intended to represent nga ara po - the different phases of the moon when used for fishing. ISSN 0114-717X Number 12 October 1991 Te Kapapi 0 Te Rallgi carved by Ted Nia...

7. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

   ...and organised an urgent MRI scan. [8] On 8 December 2016, Mr Mudgway had an MRI of his brachial plexus. The radiologist reported that no cause could be identified for Mr Mudgway's ulnar nerve symptoms. [9] On 22 December 2016, Mr Mudgway requested cover for a right sided ulnar nerve injury. [10] On 23 December 2016, Dr Gerard Walker, occupational medicine specialist, carried out a file review at the request of ACC. He noted that "the nature of the accident has not been...

8. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

9. LCRO 172/2020 CA v PL (14 October 2021) [pdf, 174 KB]

   ...members of Standards Committees include practitioners who practice in the areas of law under examination and, importantly, lay members. The views of the Standards Committee members cannot be discounted, and in this instance, the Committee has formed the view that Ms PL’s fees were fair and reasonable. [55] I add to that, an observation Ms PL’s discounted rate of $250 per hour charged to Mr CA could be described as ‘more than’ reasonable. Other matters [56] The Committ...

10. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

    ...find that their actions in attempting to lower and adjust poles to fix the flat areas where water was pooling were following instructions given by ND. 13. Having made this finding, I note that UB’s internet research has yielded the further information that only experienced contractors should adjust poles on stretch tents, and that for ND to direct his customers to attempt this themselves was ill-advised and may have contributed to the problems experienced later that evening (althoug...