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1. BI v YP & Ors LCRO 115 / 2010 (4 April 2011) [pdf, 97 KB]

   ...between litigious parties is seldom resolved on the basis of rational proposals. Not infrequently lawyers are retained to advance a client’s interests and are faced with the client’s directions about how to conduct the proceedings which are judged by the lawyer as being unhelpful to a resolution of the matter. It is incumbent on the lawyer to make known to the client any matters that they identify as obstacles to progressing the work that is undertaken, and difficulties can...

2. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner RM Dunlop Hearing: Auckland, 16 February 2018 Appearances: PO Anderson for Royal Forest & Bird Protection Society of New Zealand Incorporated (Forest & Bird) R...

3. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...Children Act (COCA) forms. The need to simplify the forms was identified in public consultations on the family violence reforms. The complexity of the current forms means it can be difficult for people to complete them and provide the information Judges need when considering an application. Aligning the protection order and COCA forms recognises that people applying for protection orders may also have to complete forms seeking Family Court decisions about the care of their chi...

4. E72 Ngarimu Blair - EIC - Ngāti Whātua Orākei [pdf, 969 KB]

   ...Moana 5. Ngāti Whātua Orākei have maintained ahi kaa, their ‘fires of occupation’, over the CBD waterfront since 1740 to this day. The CBD waterfront is bookended by 2 headland Pa sites being Te To (Beaumont Street in the west) and Taurarua (Judges Bay in the East). Ngāti Whātua Orākei continues to own approximately 20 hectares of CBD land being the former Railways site at what is traditionally known as Te Toangaroa (the long dragging of waka) between Quay St East and Beac...

5. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...[2018] NZEnvC 109 IN THE MATTER of the Resource Management Act 1991 AND of an application under s 314 of the Act BETWEEN VIVIENNE THERESSE TAUEKI (ENV-2018-WLG-000037) Applicant AND HOROWHENUA DISTRICT COUNCIL Respondent Court: Environment Judge BP Dwyer sitting alone under s 309 of the Act Hearing: 20 June 2018 at Levin Appearances: L Thornton for the Applicant D Randal and L Cowper for the Respondent S Johnston for the Manawatu-Wanganui Regional Council Date of Decisi...

6. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...which the Tribunal that made the decision is a division, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...

7. [2019] NZEnvC 008 Schmuck v Northland Regional Council [pdf, 4.5 MB]

   ...Decision No. [2019] NZEnvC 00 '(5 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN DG SCHMUCK (ENV-2018-AKL-351 ) Appellant AND NORTHLAND REGIONAL COUNCIL Respondent Environment Judge JA Smith Judicial Teleconference, 22 January 2019 C Prendergast for Mr Schmuck G Mathias for Northland Regional Council M Rashbrook and J Johnson For Opua Coastal Preservation Incorporated (the Society) No appearance for J Kidman a...

8. [2018] NZEnvC 240 The Wolds Station Limited & Ors v Mackenzie District Council [pdf, 1.7 MB]

   ...(ENV-2009-CHC-183) MERIDIAN ENERGY LIMITED AND GENESIS ENERGY LIMITED (ENV-2009-CHC-184) FOUNTAINBLUE LIMITED & OTHERS (ENV-2009-CHC-190) HALDON STATION (ENV-2009-CHC-192) Appellants MACKENZIE DISTRICT COUNCIL Respondent Before: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 18 December 2018 Date of Issue: 18 December 2018 PC13 - Farm Base Rules - Final Decision 2 FINAL DECISION (FARM BASE RULES) A: Under clause 16 of S...

9. Justice Matters - Issue 11 - June 2018 [pdf, 2 MB]

   ...includes the development of new guidelines and training to support frontline staff working with people affected by violence. Justice is an important part of an effective family and sexual violence system. The way in which court staff, lawyers and judges manage cases, the services mandated by courts, and decisions made in courts all 1 NZ Crime and Safety Survey, Ministry of Justice, 2014 2 Family Violence Clearinghouse, 2017 impact on the safety of victims and the outcomes that can be...

10. Martin Trusts TRI-2017-100-006 Procedural Order 9 [pdf, 256 KB]

    ...the proven defect is sufficiently serious to justify the subsequent remedial work. [42] Mr Hermann is a professional. He holds Bachelor degrees in Building Science and Architecture. He has been a registered architect since 1991. He has judged NZIA awards. [43] He is, therefore, well equipped to draw on his own significant extensive experience and expertise in receiving, considering and responding to the evidence against him. This is noted by Mr Hermann’s counsel at p...