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1. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

   ...and speedy warranting process We hope that the Crown and claimants will be able to reach a collaborative agreement on the basis of our recommendations but we have given leave for the parties to return if further guidance is required Deputy Chief Judge Caren fox Presiding officer heoi anō, tēnei te mihi, nā te rōpū Whakamana i te tiriti o Waitangi Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt...

2. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2008-100-000038 [2011] NZWHT AUCKLAND 39 BETWEEN CLEARWATER COVE APARTMENTS BODY CORPORATE NO. 170989 Claimant AND AUCKLAND COUNCIL First Respondent AND THE FLETCHER CONSTRUCTION COMPANY LIMITED Second Respondent AND NICHOLAS VAN DIJK and NORMAN PALMER as Trustees of the LIVI TRUST Third Respondent AND BRIAN AITKEN Fourth Respondent Hearing: 28 February 2011, 1-4 March 2011, 14-15 March 2011 Closin

3. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...within these clauses within the operative plan (without using the Schedule 1 process), this does not mean these additions need to be addressed specifically in PC7. In Friends of Nelson Haven and Tasman Bay Inc v Tasman District Council [2018] NZEnvC 46 Judge Kirkpatrick stated at paragraph 81: “Section 55 RMA directs that regional policy statements and plans must be amended so that their objectives and policies give effect to the NZCPS as soon as practicable. Where the NZCPS is specifica...

4. [2017] NZEnvC 149 Matakana Coast Trail Trust v Auckland Council [pdf, 13 MB]

   ...Management Act 1991 of an appeal seeking the imposition of further conditions MATAKANA COAST TRAIL TRUST (ENV-2017 -AKL-020) Appellant AUCKLAND COUNCIL Respondent ASIA PACIFIC INTERNATIONAL (NZ) GROUP LIMITED Applicant Environment Judge JA Smith Environment Commissioner JA Hodges Environment Commissioner SK Prime At Auckland 7-11 August 2017, including site visit R Brabant and ST Darroch for the Matakana Coast Trail Trust SF Quinn and AF Buchanan for Asia Pacific In...

5. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant LEGAL SUBMISSIONS OF COUNSEL FOR THE OTAGO REGIONAL COUNCIL 8 March 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...

6. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 136 KB]

   ...Shanahan & Ors,10 National Home Loans Corp v Giffin Couch & Archer,11 Clark Boyce v Mouat,12 and Bristol & West Building Society v Mothew (t/a Stapley & Co).13 [62] The Court of Appeal in Gilbert v Shanahan14 in Tipping J’s judgement stated: "Solicitors' duties are governed by the scope of their retainer, but it would be unreasonable and artificial to define that scope by reference only to the client's express instructions. Matters which fairly an...

7. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   ...MANAGEMENT (NZ) LIMITED PF OLSEN LIMITED KAINGAROA TIMBERLANDS PARTNERSHIP LACHLAN MCKENZIE LAKE ROTORUA PRIMARY PRODUCERS' COLLECTIVE Section 27 4 Parties Court: Hearing: Appearances: Date of Decision: Date of Issue: 2 Judge DA Kirkpatrick Commissioner J A Hodges Special Advisor R M Dunlop at Rotorua from 7 to 10 September 2020 P Radich QC and T Hullena for CNI lwi Land Management Limited, the Maori Trustee, the Rotorua Lakes Council, Te POmautang...

8. Directory of Official Information J-L [pdf, 836 KB]

   ...imprisonment and the consistency of proposed legislation with the New Zealand Bill of Rights Act 1990 (although the Crown Law Office reviews legislation developed by the Ministry). It also supports Ministers responsible for appointing District Court Judges, Coroners and Justices of the Peace, and for making appointments to many tribunals, authorities and Crown entities, https://www.justice.govt.nz/about/ 11 with the exception of appointments to the Senior Courts which is administer...

9. Director of Proceedings v IDEA Services Ltd [2022] NZHRRT 2 [pdf, 690 KB]

   ...arbitrariness or partiality, and suspicion of arbitrariness or partiality, on the part of courts. Open justice “imposes a certain self-discipline on all who are engaged in the adjudicatory process – parties, witnesses, counsel, Court officers and Judges”. The principle means not only that judicial proceedings should be held in open court, accessible by the public, but also that media representatives should be free to provide fair and accurate reports of what occurs in court. Given th...

10. Human-Rights-Commission-R-v-Lincolnshire-Coroner.pdf [pdf, 123 KB]

    R v Lincoln Coroner, ex p Hay Overview [2000] Lloyd's Rep Med 264, | (1999) Times, 30 March, | [1999] Lexis Citation 2313, | [1999] All ER (D) 173 R v Lincolnshire Coroner, ex parte Hay [1999] Lexis Citation 2313 CO/2155/97, CO/2210/98, (Transcript: Smith Bernal) QUEEN'S BENCH DIVISION (CROWN OFFICE LIST) BROOKE LJ, FORBES J 19 FEBRUARY 1999 19 FEBRUARY 1999 Coroner — Inquest — Prisoner known diabetic — Prisoner dying in custody — Coroner refusing to d