Search Results

1. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...rather, she was (at that stage) an executor and could not retire. [78] That debate then became one about whether Ms XK had completed executor duties and had assumed trustee duties. [79] Ultimately Ms XK did not resign. [80] Subsequently, Ms XK requested Mr JB to resign his executor and trustee roles — this, some seven years after Mr B had passed away. [81] All of this required the involvement of Mr JB to a greater or lesser extent. He was both co-trustee with Ms XK and acting...

2. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...activity rules for vegetation clearance is also necessary to assist in minimising the loss of ecosystems, habitats and areas with indigenous biodiversity value. Indigenous vegetation clearance, as defined, involves the destruction or the removal of all forms of indigenous vegetation, including when removed as a result of land disturbance activities. It is important to note that there may be some circumstances where the clearance of indigenous vegetation will be excluded from rules, such...

3. [2024] NZEnvC 050 The Warehouse Limited v Auckland Transport [pdf, 16 MB]

   ...further amendments to the conditions. On 3 November 2023, the Council notified AT’s decision to submitters on the EB2 NOR. [2] The Council granted resource consents for EB2 on 11 September 2023. That decision was not appealed. EB2 [3] EB2 forms part of the wider Eastern Busway Project. [4] The key aspects of the EB2 NOR can be summarised as follows: (a) A dedicated busway from Pakuranga Road along Ti Rakau Drive to a new bus station; (b) A new bus station at 26 Ti Rakau D...

4. ENVC Hearing 6Oct14 DM expert Bridget Gilbert attachments [pdf, 2.5 MB]

   ...the candidate landscape including: • an initial assessment of the naturalness of the space (to the extent this is more than the sum of the elements described under (1) above); • its legibility – how obviously the landscape demonstrates the formative processes described under (1); • its transient values; • people and communities' shared and recognised values including the memories and associations it raises; • its memorability; • its values to tangata whenua;...

5. Paikea - Otara 5D1 (2016) 140 Taitokerau MB 78 (140 TTK 78) [pdf, 220 KB]

   ...decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise those principles as follows: a) The PCA are entitled to be given formal notice of the application and hearing; b) The application is considered in two steps. First the Court must assess whether each of the five statutory preconditions set out in s 136 of TTWMA have been met. Once an applicant has s...

6. Steedman v Apatu - Owhaoko D6 Subdn 3 (2015) 341 Aotea MB 164 (341 AOT 164) [pdf, 372 KB]

   ...met. Counsel says that the standard Auckland District Law Society sale and purchase agreement does not provide for witnessing and accordingly that agreement has not been witnessed. However, counsel pointed out that the Authority & Instruction Forms (“A & I Forms”) have been signed and witnessed consistent with r 11.10 of the Rules. Counsel added that the trustee who signed the sale and purchase agreement did so with the authority of the other trustees and both the appli...

7. Gibbs- Akura 3C1A3 (2015) 41 Takitimu MB 235 (41 TKT 235) [pdf, 227 KB]

   ...decision, Te Whata – Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294), Judge Ambler comprehensively identified the relevant legal principles. I summarise those principles as follows: a) The PCA are entitled to be given formal notice of the application and hearing; b) The application is considered in two steps. First the Court must assess whether each of the five statutory preconditions set out in s 136 of TTWMA have been met. Once an applicant has s...

8. Effectiveness of alcohol pricing policies 2014 [pdf, 4 MB]

   ...at Massey University was contracted to provide estimates of changes in on-licence alcohol consumption from price changes (on-licence price elasticities) based on data from the cross-sectional International Alcohol Control survey. The NZ estimates generated by AC Nielsen and the SHORE and Whariki Research Centre were considerably larger than international estimates of alcohol price elasticities, resulting in significant changes in consumption when the price of alcohol changes. Such result...

9. [2023] NZEnvC 119 Stephens v Auckland Council [pdf, 152 KB]

   ...the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to section 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act including, in particular,...

10. Practice note: Children's supervised contact [pdf, 110 KB]

    ...orders under the Domestic Violence Act 1995, Care of Children Act 2004 and Children, Young Persons, and Their Families Act 1989, and such relevant applications, affidavits, reports and memoranda as the Judge shall permit; (d) the reason(s) for the request for supervision and, in particular, any concerns for the safety and welfare of the child(ren); and (e) the nature and extent and length of period of supervision which is sought, including the date of any review. It is the responsib...