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1. E16 Paul Kennedy - Coastal Environment - EIC - Applicant [pdf, 3.6 MB]

   ...identified on the various intertidal structures. Of these, the australasian barnacle (Austrominius modestus) was the dominant barnacle and is very common on artificial structures. The most common bivalve was the introduced oyster Crassostra gigas and formed dense areas on many substrates. A range of indigenous sponges are also very common with one sponge (Crella incrustans) collected in the harbour for the first time in this survey. Two solitary ascidians were recorded on all the...

2. [2017] NZEnvC 162 Mawhinney v Auckland Council [pdf, 24 MB]

   ...section 358 RMA? [96] 4.5 Should the applications be considered as a bundle? [106] 5. LUC-20 12-204: No work, therefore no effects 5.1 The trustees' argument [110] 5.2 Application for Declaration 34 [115] 6. Is there reasonably adequate information about the likely effects? 6.1 Introduction [124] 6.2 Putting the cart before the horse [131] 6.3 Auckland Council District Plan (Waitakere Section) - Land Use Consents [139] 6.4 Auckland Regional Plan : Sediment Control [155] 7....

3. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...efforts. [28] The relationship property proceedings were still on foot and had not yet come to a hearing. On 21 March 2014 Ms Denham instituted a private prosecution against Mr Clague. The charge was framed as “male assaults female”. The request for issue of a summons against Mr Clague went before a District Court Judge and was released shortly before 6 May 2014. In the meantime the Family Court had allocated a date of 28-30 May for the relationship property proceedings. [...

4. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   ...allowances received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70 are that where: 3 ● a benefit or pension or periodical allowance granted overseas, which forms part of a programme providing benefits, pensions or periodical allowance, is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependent; and ● the programme provides for any of the contingencie...

5. BT v YB LCRO 128 / 2010 (26 May 2011) [pdf, 97 KB]

   ...applying to the Court for a bond to keep the peace under the Summary Proceedings Act 1957. This was a process that the Applicant was aware had been successful in similar circumstances in the past. [3] The application was deficient, and the Judge requested that an amicus curiae be appointed to assist the Court in connection with the application. Mr WJ was appointed. [4] Mr WJ viewed the Court file and met with the Applicant and DQ. In the course of those meetings, he advised tha...

6. Williams - Blewett Porou Williams (2016) 362 Aotea MB 112 (362 AOT 112) [pdf, 257 KB]

   ...1 A20150002809. 2 197 Waikato Maniapoto MB 298 (197 WMN 298). 3 341 Aotea MB 112-123 (341 AOT 112-123). 4 348 Aotea MB 210-212 (348 AOT 210-212). 362 Aotea MB 115 “that the whanau trust is formed strictly in accordance with the terms of the will”. If the trust is not able to be constituted on the terms specified in the will then the executors submit that the “fall back” position outlined in the will should be followed, i.

7. Morris v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 089 [pdf, 186 KB]

   ...down a steep hill. She slipped and fell, hurting her left arm. On 28 December 2020, the Corporation accepted cover for diagnosed contusion of Ms Morris’ left shoulder and upper arm. [3] On 8 July 2022, Mr Varney, for Ms Morris, submitted a request for reimbursement for prescription medication costs, along with receipts and a table outlining the reimbursements requested. The total reimbursement request was for $465. The Corporation paid for only some of these costs. [4] O...

8. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...September 2006. However, on 25 August 2006 Ms Afa sought an adjournment of the hearing as a shareholders meeting was scheduled for 14 October 2006. A new hearing date of 19 December 2006 was then allocated, however, that was later also vacated at the request of Ms Afa as it did not suit Mr Samuels. A further hearing date of 14 FebLUary 2007 was later also vacated at the request of Mr Davis, who by the begirming of this year had taken over acting for Mr Samuels. [7] On 6 March 20...

9. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...malfeasance. However, as pointed out by Mr Kahukiwa, the test to apply is not one confined to obvious abuse, failure or malfeasance. Rather the legislation may, depending on the circumstances of each case, also require a consideration of trustees' performance to assess whether they have carried out their duties satisfactorily. In considering performance, the rules of natural justice must be observed, the appropriate legal thresholds as provided for in the Act, the Trustee Act 1...

10. ENVC Hearing 6Oct14 AC rebuttal Nicole Bremner [pdf, 209 KB]

    ...I acknowledge the importance of the issue. In my view, the advice above from Mr Shumane, and AT in particular, largely addresses the land transport considerations. The traffic and transport JWS also records that survey work shows that traffic generated by the marina can move through the keyhole area (paragraph 14g) and that future marina-generated traffic demands will not alter (paragraph 18d). Further, with the proposed marina in place, the manoeuvring area off the wharf is with...