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1. [2023] NZEnvC 233 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 156 KB]

   ...the appeal is allowed to the extent that the Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making the changes set out in Appendix 1 1 Resource Management Act 1991. (1) 2 attached to and forming part of this order; and the relevant appeal point is dismissed, and the appeal otherwise remains extant. B: Under s285 RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Enviro...

2. Kapa - Estates of Te Whakahau Hare and Ruka Paati (2014) 72 Taitokerau MB 54 (72 TTK 54) [pdf, 131 KB]

   ...to s 40 of Te Ture Whenua Māori Act 1993 (“1993 Act”). While the parties should now be familiar with that history, it is necessary to recount it here. [4] Taheke D comprises 0.6 hectares. Prior to the 1940s the bulk of the land that now forms Taheke D had not been investigated by the Native Land Court. It was therefore Māori customary land. The Court investigated title to this land between 1941 and 1943. It was identified as “Papatupu land adjoining Whataipu A and Whata...

3. Eruera - Kōkōhinau Block (2018) 179 Waiariki MB 249 (179 WAR 249) [pdf, 266 KB]

   ...(47 WHK 202-204) 179 Waiariki MB 255 [20] The intended result of the order was to increase the area of the 1955 roadway by effectively widening the right of way. According to the applicants, the existing right of way was never widened or formed and users continue to use the right of way as laid out in 1955. The applicants seek to cancel the 1969 order so as to increase the area available for the housing project. They say that the increased width of the right of way will impac...

4. [2018] NZEnvC 240 The Wolds Station Limited & Ors v Mackenzie District Council [pdf, 1.7 MB]

   ...293 of the Resource Management Act 1991 the Environment Court directs that the Mackenzie District Council amends its plan by making the changes to Plan Change 13 to the Mackenzie District Plan as shown in Attachment "A," attached to and forming part of this decision. B: Costs are reserved but are not encouraged. Any application for costs is to be lodged and served by 8 February 2019, with any reply to be lodged and served by 8 March 2019. REASONS Introduction [1] T...

5. Appendix-M4-Economic-Impact-Report-on-the-New-Zealand-Sport-Horse-Industry-2012-.pdf [pdf, 695 KB]

   ...Horse Industry By Alex Matheson Michèle E.M. Akoorie July, 2012 Acknowledgements I would like to thank the following personal outside of the Waikato University Management School for their contribution towards research information for this project: Dr Chris Rogers, Institute of Veterinary Animal and Biomedical Sciences, Massey Equine, Massey University, New Zealand Emma Morel, Director of the Horse Business Management Programme, Marcus Oldham Farm Manage...

6. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...(ii) The applicant did not consent to the gift to Mr Neal; and (iii) The applicant’s father was not present in Court when the gifting was made. [3] Taiharuru 4C3 has since been partitioned. Mr Neal’s shares, received from Milton Welsh, now form part of Taiharuru 4C3C. Background [4] The Case Manager delivered an initial report to me on 11 June 2004. This was distributed to the parties on the same date. On 30 June 2004, Mr Neal sent a letter of objection to the application....

7. 2021-03-23 Transcript up to end of day 9 [pdf, 4.5 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF the Resource Management Act 1991 AND Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Ju

8. Brooker - Te Paerahi D2B (2005) 179 Napier MB 210 (179 NA 210) [pdf, 1.8 MB]

   ...the ability to better "manage" and "utilise" land under section 136(d)/93. The Appellate Court found that while the intention to sell would not automatically be fatal, "a real question arises as to whether it could in fact form the basis of an application." The Appellate Court went on to state that "{IJf it is enough for owners of Maori freehold land to say that land will be easier to sell as General land, then the kaupapa of the Act is subverted." (...

9. Patu – Tōrere Section 58 (2014) 95 Waiariki MB 230 (95 WAR 230) [pdf, 184 KB]

   ...of the four Lot subdivision proposal. I indicated that the application would be adjourned to chambers to receive that valuation and provide judgment, if no further issues needed to be addressed. [46] Subsequently, in July 2009, the applicants requested a further adjournment due to a tangi and for certain health reasons. The matter was adjourned for 12 months. [47] On 30 April 2012, after several requests for a valuation from the case manager, the Court was finally advised by the...

10. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

    ...adjustment disorder (which Dr Kumar believed to have already largely abated). [13] On 6 April 2019, Mr Leaf obtained deemed cover for PTSD, because the time frame for the Corporation to issue a cover decision had expired. [14] On 8 November 2019, a request was made on Mr Leaf’s behalf for entitlement to loss of potential earnings (“LOPE”). [15] On 25 February 2020, Dr Kumar confirmed his diagnosis of adjustment disorder rather than PTSD (even though he noted that Mr Lea...