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  1. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 322 Waiariki MB 32 (322 WAR 32) [pdf, 300 KB]

    ...No agreement could be reached and therefore I now need to determine remedies. 2 Julian v Inia – Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197-224 (309 WAR 197) at [108] – [123]. 322 Waiariki MB 35 land interests, as requested by Mr Kahukiwa. As noted earlier, tikanga allows for the unequal allocation and because the FPA applications were about spiritual connections, and not about acreage or share percentages, an unequal allocation is tika in my view. F...

  2. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

    ...supplier to provide FDR on a nationwide basis; (v) the voice of the child is obtained through a lawyer for child who is on the ministry’s list; (vi) legal aid is available for legal advice prior to FDR and for lawyers to attend FDR where parties request legal representation; and (vii) an easy way to obtain consent orders in respect of mediation agreements is established where no filing fee is necessary. These suggestions are discussed below. (i) FDR under the umbrella of the Fa...

  3. [2024] NZEnvC 133 New Zealand Transport Agency - Waka Kotahi [pdf, 1.9 MB]

    NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI -Ō2NL PROJECT IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2024] NZEnvC 133 IN THE MATTER of a direct referral of applications for resource consents and notices of requirement under sections 87G and 198E of the Resource Management Act 1991 for the Ōtaki to North of Levin Project BETWEEN NEW ZEALAND TRANSPORT AGENCY-WAKA KOTAHI (ENV-2023-WLG-000005) Applicant

  4. [2025] NZEmpC 214 Wilson Parking New Zealand Limited v Turner and other(s) (Interlocutory Judgment (No 2) of Judge Helen Doyle) [pdf, 284 KB]

    ...senior management. A list of the agreements appears in a schedule to the analyst’s first affidavit, as the volume of material was too large to provide but was expressed to be available to view. [52] The Court agreed to Mr Turner’s and ATE’s request for filing a further affidavit from a former employee at Wilson Parking who was in a senior position based in Wellington. The former employee who was Wellington-based stated in their affidavit that ETCs are standard in contracts a...

  5. [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...

  6. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

    ...Ltd’s services were not carried out with reasonable care and skill and that the driveway is not fit for purpose. FS has provided many photographs of problems resulting from poor workmanship throughout the job, but the major issue is with the likely performance of the driveway over time given the contractual breaches described above, of the lack of mesh and the inadequate driveway thickness. Those issues are not aesthetic or minor, they relate directly to the overall strength and longev...

  7. [2019] NZEnvC 188 Elly S-Y Pan v Auckland Council [pdf, 3.2 MB]

    ...adding: 5. for subdivision not complying with Standard 6.3(1 )(d)(ii) (which requires the future collector road (new) to be constructed to local road standard as set out in Figure 11 with additional land vested to enable upgrading to a final 28m formation as set out in Figure 10) these additional assessment criteria apply: a. Whether the proposal protects the route for the future collector road (new) with the formation identified on Figure 10 - Future Collector Road (New) - Fina...

  8. Matchitt - Te Kaha 65 (2014) 104 Waiariki MB 145 (104 WAR 145) [pdf, 180 KB]

    ...January 2014. 104 Waiariki MB 148 [8] That latter report noted that the northern (approximate) half of the land contains a former Pa site including remnants of fortification trenches. It is currently served by one of two access driveways formed off the west and seaward side of State Highway 35 – and at the approximate midpoint of the holding. The land is adjacent to the coast and has some mature pōhutukawa trees. Any development of the area known as the Pā Site would requ...

  9. [2020] NZEmpC 26 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 223 KB]

    ...notwithstanding that this was the case for some advisors performing tenancy work. This meant his primary focus would continue to be on work generated by the tenancy line. This arrangement continued for some years. [7] In early 2018, Mr Gibson-Smith was requested to attend training about bond queries because MBIE wished to merge the tenancy and bond lines. He responded by stating he could not be required to do this, given the long-standing agreement he would not be required to un...

  10. Greymouth-District-Courthouse-Occupancy-Assessment-Holmes-August-2024.pdf [pdf, 907 KB]

    ...a Detailed Seismic 1 MBIE, Seismic Risk Guidance for Buildings, July 2022 2 BRANZ, Managing earthquake-prone council buildings – a decision framework. November 2021 MoJ - Technical Advisory 22 August 2024 146654.10 Page 2 Assessment (DSA) requested from the building owner. The territorial authority must issue an Earthquake-prone Building notice for earthquake-prone buildings and include it on the earthquake prone building register under Section 133AL. Under Section 133AP, the terri...