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1. The Māori Trustee - Whakakī 2H (2023) 121 Tairawhiti MB 203 (121 TRW 203) [pdf, 235 KB]

   ...219-228. At that hearing Iraia Niania objected, on behalf of the descendants of Mere Te Nehu, to the application for the appointment of the Iwitea Whakamahana Marae Trust trustees. 121 Tairāwhiti MB 205 [7] Mr Niania requested a meeting of owners for Ms Te Nehu’s descendants and shareholders in the block. The matter was adjourned for a meeting of owners to be facilitated by an independent facilitator. The meeting was to be held at Iwitea Marae. [8] Du...

2. 2023-09-26-Evidence-of-Tim-Kelly-Transport.PDF [PDF, 468 KB]

   ...required to the local road network (such as traffic diversions) while construction activity occurs. Council assurance that its local road network will be returned to the standard which existed prior to the commencement of construction is a reasonable request, and one commonly in my experience imposed by both councils and Waka Kotahi (the latter for activities impacting on state highways). Currently, Waka Kotahi has not volunteered any condition which would provide this assurance and...

3. Willowridge Developments Ltd & Remarkables Park Ltd - Claire Hunter - EIC - 25 February 2022 [pdf, 11 MB]

   ...7.D.10 and the definition of ‘earthworks’ have been agreed. [9] The outstanding matters that my evidence addresses are Rule 14.5.1.1 and Rule 14.5.2.1. From a planning perspective, I do not consider that those rules, in their current form, are necessary, given the scope of the QLDC rules. In that regard I do not agree with the planning evidence from the ORC that there is a “gap” in the QLDC rules that needs to be filled by PPC 8. [10] I conclude that the resident...

4. ENVC Hearing 6Oct14 DM expert Todd Langwell [pdf, 251 KB]

   ...island. This is not considered 5 unusual given that the occupancy of the public parking areas is at or near capacity on weekdays and therefore suppresses the demand of an increasing flow of private vehicles onto Ocean View Road. 20. This information supports the conclusion that the growth in ferry passenger numbers is reflected in the increased use of alternative modes to the private car, including added demands for bus services, passenger service vehicles, motorcycle and...

5. Blayney v Taueki – Ihaia Taueki Trust (2013) 303 Aotea MB 81 (303 AOT 81) [pdf, 128 KB]

   ...arrested for assault. The writer has also had to endure text messages stating that I am “not worth a piece of shit”. 303 Aotea MB 87 The writer has contemplated resigning acting for the trust on several occasions, but has been requested by the other trustees to remain, as well as the present lessees. [17] Mr Taueki in his submission sought to emphasise the benefit of the MET lease proposal. He was very critical of the process by which it was declined. [18] Mr Tauek...

6. Hoko – Papamoa 2A1 (2003) 20 Waikato Maniapoto Appellate MB 167 (20 APWM 167) [pdf, 718 KB]

   ...degree only. Decision of the Lower Court After reviewing the history of the land, the evidence, and the legislation the learned Judge at first instance gave judgment in the following terms: I accept the evidence of the objectors that the area of land formerly known as Papamoa Part No 2 Block is highly important to the owners of (now) Papamoa 28 Block and to Nga Potiki as a whole. The right of first refusal is also important as it gives to the Trust its only real opportunity of regaining tho...

7. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

   ...obligations. These include:63 Environmental matters, especially as they may affect Māori access to traditional food resources – mahinga kai – also require consultation with the Māori people concerned. In the contemporary context, resource and other forms of planning, insofar as they may impinge on Māori interests, will often give rise to the need for consultation. The degree of consultation required in any given instance may … vary depending on the extent of consultation nec...

8. Te Awe Awe v Te Awe Awe - Estate of Pipi Rakene or Pipi Te Awe Awe (2019) Chief Judge's MB 1414 (2019 CJ 1414) [pdf, 258 KB]

   ...(b) That the person or persons entitled to obtain a grant of administration of the estate of the deceased person do not intend to seek any such grant; and (c) That there is no reason apparent why the estate of the deceased person should be formally administered; and (d) That the value at the date of death, of the interests in land affected by the application did not exceed $4,000; and (e) Where the deceased person is known to have owned beneficial freehold interests in Maori f

9. Deputy Registrar - Murimotu No 5B No 1 (2025) 509 Aotea MB 197 (509 AOT 197) [pdf, 286 KB]

   ...introduced an option of granting the application on the basis that a mandatory review of the terms of trust would be directed within 12-18 months of establishment. I then adjourned the application. I issued a direction on 27 May 2025 asking for formal written submissions on this option, indicating that I was likely to adopt this approach as a pragmatic way forward. [5] Having now received these final submissions, I have three options: 1 The proposed trustees refer to the peo...

10. [2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 519 KB]

    ...school is not open for instruction” mean. [4] The first iteration of the provision was negotiated into the 1996–1998 Secondary Teachers’ Collective Employment Contract in 1996 (the 1996 STCEC). In 1999 it was negotiated into its current form and has remained the same since, although the agreement has changed around it.1 [5] The dispute arose in 2012, 16 years after the first iteration of the provision appeared. This case was heard 25 years after the first iteration was neg...