Search Results

1. Sycamore v McLaughlin - Rangatira E (2025) 335 Waiariki MB 40 (335 WAR 40) [pdf, 268 KB]

   ...file a report with the Court addressing the applicant’s allegations and providing relevant documentation. [10] In response to these directions, Mr Stoevelaar, counsel for the Trust, filed a memorandum addressing the allegations, and filed the requested documents. [11] On 10 September 2024, I held a hearing. Counsel for both parties made submissions, and the applicant presented evidence and was questioned. Interlocutory application [12] For completeness I note that the respond...

2. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...memorandum 2 which identified that the trustees were to prepare a plan/diagram locating all buildings on the Trust’s land, and to file a copy with the Court and send a copy to Mrs Lomas. Mrs Lomas was then to consult Mr Matatahi George – a former employee of the Court with knowledge of the land who has since died – concerning whether the baches were on the Trust’s land. Judge Spencer also noted that if Mrs Lomas considered that there was an error in the Court’s record...

3. ENVC Hearing 6Oct14 DM expert Nigel Drake [pdf, 873 KB]

   ...a secure environment for 160 berthed vessels and 17 vessels on pile moorings. Navigation into and out of the marina has been well provided for and the proposed primary and secondary breakwaters will afford protection from the south west wind generated wave and swell as well as wakes from ferries entering and leaving the bay. Navigational aids will be required if the marina is established and I concur with the comments in the Varney report (9.15 and 9.16) regarding this. 46. Moor...

4. SC v MQ LCRO 240 / 2011 (23 October 2012) [pdf, 93 KB]

   ...would seem that they were somewhat frustrated by what they considered to be general tardiness on MQ’s behalf in dealing with their affairs. Understandably, SD and SC needed their problems to be dealt with urgently. In some cases, I have noted requests from them to reply urgently on the same day. If any criticism of MQ is to be offered, it would seem that he may have failed to empathise with his clients and appreciate the pressure that they were under. Any delay to clients in t...

5. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

   ...being held five years previously and the Maori Trustee having not completed his job under the 1953 Act to paliition the land. He claimed that owners holding 1,9 17 shares supported the application. Some owners were unable to attend the hearing and requested an adjourlUuent of the application. Ken Povey and Virginia Povey on behalf of the Mattie Materoa Povey Whanau Tmst wished to find out more about the application and were concerned that the paliition was for financial gain. The CO...

6. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 KB]

   ...142 Waiariki MB 282 Introduction [1] I heard this matter finally on Wednesday 8 June 2016 and indicated that I hoped to complete a decision within a week and then reconvene the Court to inform the parties of my decision. 1 I have decided however to simply complete the decision and then have the Deputy Registrar provide the decision to all interested parties. [2] The Court has before it an application to rehear two applica

7. Evidence Brief: Outdoor Programmes [pdf, 275 KB]

   Outdoor programmes EVIDENCE BRIEF Outdoor programmes like Outward Bound involve some form of therapeutic outdoor pursuit. There is clear international evidence that outdoor programmes produce short-term reductions in criminal behaviour for adolescent offenders. The New Zealand evidence for reduced recidivism is mixed, but all evidence suggests that outdoor programmes help participants make positive improvements on social and psychological domains. OVERVIEW • Outdoor pro...

8. 2021-05-18 JWS - Deemed permits and associated rights of priorities [pdf, 292 KB]

   ...Otago Water Resource Users Group Murray Brass (MB) Director-General of Conservation Tim Ensor (TE) Minister for the Environment Mark St Clair (MS) Court’s Special Advisor Sean Leslie (SL) Otago Regional Council- in attendance to provide information from the ORC database JOINT WITNESS STATEMENT ENVIRONMENT COURT PRACTICE NOTE It is confirmed that the signatories to this Joint Witness Statement have read the Environment Court Consolidated Practice Note 2014 Code of Conduct...

9. Edwards - Maraehako C3D (2006) 91 Opotiki MB 26 (91 OPO 26) [pdf, 761 KB]

   ...were invited, to ensure all was understood, and any further explanations required given. All books of records were available and offered for inspection to all attendees. Minute Book: 91 OPO 30 Copies of reports were available for the Court upon request. Trustees have resisted pressure to have payouts, as to enable same, would have required sale of Livestock, and ditninished Equity and growth potential. Recent downturns in Livestock valuations would have severely adversely affected t...

10. [2021] NZEnvC 012 Davis v Gisborne District Council [pdf, 709 KB]

    ...activities, and I acknowledge the situation was not of its making. [36] However, the Club's misstep was to grow the Club's activities beyond that originally authorised, and its unwillingness to compromise given the effect of the noise generated by the Club on the neighbouring Residents. [3 7] For these reasons I consider an award of costs against the Club is appropriate. The Club's .inancial position [38] The Residents noted that they are mindful of the Club's...