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1. DD v TD [2025] NZDT 90 (5 May 2025) [pdf, 182 KB]

   ...but the test is an objective standard of whether a reasonable consumer would regard the goods as acceptable. In this instance, the goods are stone: a natural resource which a reasonable consumer would expect to contain imperfections. According to information provided by TD, 70 to 90 percent of raw pounamu has some microscopic fractures due to tectonic stress during formation. Considering this, I am unable to conclude that the presence of micro-fractures means the greenstone is unacceptabl...

2. [2023] NZEnvC 059 Balmoral Developments (Outram) Limited v Dunedin City Council [pdf, 375 KB]

   ...one of the relevant matters for the court to consider before coming to a decision on the appeals. [66] It is highly relevant that the cl 3.5(7)(b) exemption applies where a plan change has been adopted by the council and not where a privately requested plan change has been sought. [67] By s73(2) RMA, any person may request to change to an operative district plan. Such a request is to be processed in accordance with the manner set out in 10 By cl 15 Sch 1, RMA. 15 Part...

3. Waitangi Tribunal - issue 66 of Te Manutukutuku [pdf, 7.1 MB]

   ...Act ; and allegations being made against non-Crown entities, such as private organisations, local councils, or individuals. Over the past five years, claimants with unregistered claims have received on average three pieces of correspond- ence requesting the missing informa- tion in order for their claims to be registered. However, it appears that some claimants no longer wish to pursue their claims or their contact details have changed, making it dif- ficult for the Tribunal to colle...

4. Tumene - Succession to Ihimaera Wiringi [2021] Chief Judges MB 587(2021 CJ 587) [pdf, 508 KB]

   ...Marriage regarding the information recorded on the birth certificate: (a) The recording of any adoptions may not necessarily be noted on the birth certificate; (b) There is a process whereby a copy of the pre-adoptive birth certificate can be requested. However, this can only be done by the adopted person (at a cost) or by way of a Court order from the Family Court, District Court or the High Court (also at a cost). Findings paragraph 6(b) above 12. Research of the Māori Lan...

5. Mullen - Hongoeka 4A (2006) 176 Aotea MB 191 (176 AOT 191) [pdf, 3.5 MB]

   ...the Mullen application for access I have relied on assurances from Mrs Ashton and her brothers that they do not intend to sell Hongoeka 4A now or in the foreseeable future. Indeed, they emphatically denied that possibility and stressed that the request for access was to enable the family to enjoy their lands and build for themselves. While I appreciate that over time priorities and needs can alter, nonetheless it must be underscored that the access now granted is specific to the cur...

6. Sanford Limited [pdf, 476 KB]

   ...“Ferry and Fishing Industry Relocation Facility” on the western coastal edge of Wynyard Quarter accessed from 58-101 Hamer Street (“Relocation Facility”). The Relocation Facility application has now been placed “on hold” at Panuku’s request. (b) While the Relocation Facility application is on hold, the Proposal still requires relocation of the fishing industry (including the Submitters) from their current berthage areas on Halsey Street Extension Wharf and the Western...

7. Faulkner - Ohuki 1C Sec2 (2019) 183 Waikato Maniapoto MB 45 (183 WMN 45) [pdf, 277 KB]

   ...White Pages, and contact lists for the Ngāi Tukairangi hapū to attempt to locate owners. They sent copies of the application to owners who they managed to find through these searches. As a result, they obtained a further 12 written consent forms from owners holding approximately 23% of the shares. Together with the shares held by those owners who attended the 28 July 2018 meeting, the trustees of the whānau trust consider they have support from owners who hold approximately 63%...

8. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   ...statement evidence on behalf of Motiti Rohe Moana Trust to provide a set of matters of control and criteria for exercise of discretion under the rules I recommended in my evidence in chief (EiC) and to provide the Policies that were omitted due to a formatting issue. 4. Attachment 6 of my EiC set out the new provisions I recommend for the spatial plan in the form of Motiti Natural Environment Management Area. In attachment 6 on page 6 under 12:2 Rule at Rule MNEMA 2 Controlled and R...

9. Recommendations recap - issue 10 [pdf, 1021 KB]

   ...circumstances, findings and recommendations made by the Coroner in each case. Despite this, it should be noted that they are not exact replications of coronial findings. The original finding should always be accessed if it is intended to refer to it formally. Please also note that summaries of circumstances and recommendations following self-inflicted deaths may be edited so as to comply with restrictions on publication of particulars of those deaths, as per section 71 of the Corone...

10. [2017] NZEnvC 032 South Epsom Planning Group Incorporated v Auckland Council [pdf, 32 MB]

    IBEFORE THE ENVIRONMENT COURT Court: Parties: IN THE MATTER AND BETWEEN AND AND Decision No. [2016] NZEnvC 0 3 2 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act SOUTH EPSOM PLANNING GROUP INCORPORATED AND THREE KINGS UNITED GROUP INCORPORATED (ENV-2016-AKL-01 ) NGATI TE ATA WAIOHUA AND NGATI TAMAOHO TRUST (ENV-2015-AKL -158) Appellants AUCKLAND COUNCIL Respondent FLETCHER RESIDENTIAL LIMITED Applica