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1. E74 Dr Malcolm Patterson - EIC - Ngāti Whātua Orākei [pdf, 2 MB]

   ...name for the Hauraki Gulf is Te Moana Nui o Toi. Archaeological analysis suggests there are Tāmaki sites that date back to the earliest phase of human colonisation in Aotearoa, eg. recent finds of first settlement type stone-working at Taurarua (Judges Bay) [Dr Marianne Turner, archaeologist and lecturer, Department of Anthropology, University of Auckland. Personal comment, October 2010]. The Tini o Maruiwi people of the Kahuitara canoe are claimed to have migrated from Taranak...

2. [2020] NZEnvC 189 Weston Lea Limited v Hamilton City Council [pdf, 10 MB]

   ...Management Act 1991 {the Act) of an appeal pursuant to s 120 of the Act WESTON LEA LIMITED (ENV-2019-AKL-308) Appellant DIRECTOR-GENERAL OF CONSERVATION (ENV-2019-AKL-310) Appellant HAMIL TON CITY COUNCIL Respondent Environment Judge J A Smith Commissioner K E Prime Commissioner A P Gysberts 31 st August 2020 - 4th September (71h - 9th September (including site visit) Dr R Makgill and M Does burg for Weston Lea Limited (Weston Lea) Ms V Tumai and Ms M Hooper for D...

3. Granting aid for Waitangi Tribunal matters policy [pdf, 851 KB]

   Granting aid for Waitangi Tribunal matters Operational policy June 2016 iii Contents Status of this Operational Policy and Effective Date 1 Background 1 Introduction 1 History 1 The Waitangi Tribunal and Legal Aid 1 Defined Terms 2 Relevant Statutory and Policy Framework 2 Legal Services Act 2011 2 Other important provisions 3 Relevant Policy 3 Services for Tribunal matters funded by Legal Aid Services 4 Legal Aid Services for Proceedings before Wa

4. Ngati Pahauwera Letter of Determination 23 August 2016 [pdf, 866 KB]

   ...applicant group “holds the specified area in accordance with tikanga”.1 5. Hon John Priestley QC (the Independent Assessor) in his reading of the Act acknowledges Ngati Pahauwera’s submission that there is force in the Maori Land Court dictum of Judge Spencer in the Da Silva case: The important word here is “held”. There is no connotation o f ownership but rather that it is retained or kept in accordance with tikanga Maori. 6. The Independent Assessor has interpreted the use o...

5. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 KB]

   ...referenced by Mr KN; and (h) affirms her view that the Committee had correctly applied the relevant evidential principles. Hearing [33] A hearing proceeded on Friday 9 November 2018. I was assisted in that hearing by former District Court Judge Roderick Joyce QC, who is a duly appointed delegate to the Legal Complaints Review Office.2 [34] Mr KN appeared in person to advance his review. Ms YL was represented by Ms JP and Ms GW. Nature and scope of review [35] The nature...

6. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...claimed he told Mr TL that Ms PW, by “us[ing] a false address” for him in the 2003/2004 proceedings, may have committed an offence, and if so to report that “to the appropriate authorities”. He said Mr TL did not respond.3 [12] He said the Judge would “want to know” when he knew about Ms PW’s 2003/2004 paternity and custody proceedings. He said he became aware of those proceedings when approached by [Country A] Child Support in May 2016. He said that “should have...

7. Crosswell v Auckland City Council [pdf, 92 KB]

   ...of identifying waterproofing issues involving the wing and parapet walls and the decks, the Council was negligent.” Page 20 [76] It is apparent from these cases that the definitive test is not only what a reasonable Council officer, judged according to the standards of the day, should have observed. A council may also be liable if defects were not detected due to the Council’s failure to establish a regime capable of identifying critical waterproofing issues. [77]...

8. Huang v Leung [2010] NZWHT Auckland 16 [pdf, 284 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000029 [2010] NZWHT AUCKLAND 16 BETWEEN HUANG FU JIN, HUANG SHU FANG, HUANG SHU XIAN Claimants AND ELSA LEUNG First Respondent AND SEAN CHEN Second Respondent AND DAVE SANG Third Respondent AND ROSE MARY MCLAUGHLAN Fourth Respondent AND BALA RAMAN NAIKER Fifth Respondent AND JOHN LEUNG Sixth Respondent Hearing: 8 and 9 April 2010 Appearances: T Rainey for Claimants and Firs

9. Cook v Manawatu Community Law Centre [2021] NZHRRT 10 [pdf, 261 KB]

   ...exception requires that Ms Abraham had a belief on reasonable grounds that collection of 12 information from WINZ, rather than Ms Cook herself would not prejudice the interests of Ms Cook. [79] The interests of the individual concerned must be judged in light of the circumstances in which the collection was made. These circumstances included Ms Cook’s two personal grievance claims against MCLC and Ms Walker’s investigation. Given these circumstances, the conclusion must be...

10. 2021-08-02 ORC - MOC - in response to directions issued at PHC [pdf, 373 KB]

    ...142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL Applicant MEMORANDUM OF COUNSEL ON BEHALF OF THE OTAGO REGIONAL COUNCIL 30 July 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co...