Search Results

1. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...balustrade, and that this work has been constructed entirely in accordance with the drawings, notwithstanding the various location references to technical literature. [78] In my view Mr Summers‟ approach is at variance with the High Court‟s judgment, which has been confirmed by the Court of Appeal in Sunset Terraces. Heath J held that designers are entitled to assume that a reasonable builder would have access to and rely on the manufacturers‟ specifications, and tha...

2. Savage - Goulton (2013) 65 Taitokerau MB 1 (65 TTK 1) [pdf, 96 KB]

   ...Goulton Benjamin Goulton Edward Goulton Daphne Goulton Charlie Goulton BETWEEN JAMES SAVAGE RAEWYN FUSITUA ELIZABETH GATES Applicants Hearing: 26 June 2013 27 August 2013 (Heard at Kaikohe and Auckland) Judgment: 06 September 2013 RESERVED JUDGMENT OF JUDGE D J AMBLER 65 Taitokerau MB 2 Introduction [1] At the conclusion of the hearing of these five succession applications on 27 August 2013 I a...

3. Keenan – The Estate of Patricia June Graham (2015) 45 Takitimu MB 212 (45 TKT 212) [pdf, 267 KB]

   ...A20150005407 UNDER Sections 43 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF The Estate of Patricia June Graham BETWEEN BEVERLEY JANE KEENAN Applicant Hearing: 45 Tākitimu MB 22 dated 3 November 2015 Judgment: 22 December 2015 INTERIM RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Beverley Keenan seeks a rehearing of a succession application to the estate of Patricia June Graham. She claims that the original hearing was...

4. Pukeroa Oruawhata Trust - Pukeroa Oruawhata Trust (2005) 293 Rotorua MB 74 (293 ROT 74) [pdf, 503 KB]

   Minute Book: 293 ROT 74 IN THE MAORI LAND COURT OF NEW ZEALAND W AIARIKI DISTRICT Hearing: Counsel: Judgment: Introduction A20020005872 A20020006120 UNDER Sections 244 and 213, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Pukeroa.Oruawhata Trust - Variation of Trust Order, Review of Trust 10 February 2005 PUKEROAORUAWHATATRUST Applicant Mr G J Dennett for the Pukeroa Oruawhata Trust Mr J P Kahukiwa for Kiriwera Mitchell and ors 5 October 2005 RESERVED JUDGMENT...

5. Matchitt - Te Kaha 65 (2019) 215 Waiariki MB 204 (215 WAR 204) [pdf, 299 KB]

   ...EDWARD MATCHITT Applicant A20130008237 UNDER IN THE MATTER OF BETWEEN Section 289, Te Ture Whenua Māori Act 1993 Te Kaha 65 Block PARATENE MATCHITT Applicant Hearing: On the papers Judgment: 27 June 2019 JUDGMENT OF JUDGE C T COXHEAD Copies to: J Koning, P O Box 5, Te Puke 3153 215 Waiariki MB 205 Tēnā tātou i ō tātou aituā maha e ngapu nei te whe...

6. [2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College [pdf, 519 KB]

   ...March 2021 Further submissions filed on 26 July, 2 and 9 August 2021 (Heard at Wellington) Appearances: P Cranney, counsel for plaintiff No appearance for first defendant S Hornsby-Geluk and M Vant, counsel for second defendant Judgment: 4 July 2022 JUDGMENT OF JUDGE KATHRYN BECK [1] This challenge relates to a dispute about the interpretation and application of cl 5.4 of the Secondary Teachers’ Collective Agreement 2019–2022 (the 2019 STCA). [2] Cl...

7. Nikau v Rongomau - Whangape Parish Lot 23B Horahora Marae [2012] Māori Appellate Court MB 300 (2012 APPEAL 300) [pdf, 132 KB]

   ...AND MARSHA TE RONGOMAU Respondent Hearing: 14 February 2012 (Heard at Hamilton) Court: Judge A D Spencer Judge D J Ambler Judge S F Reeves Counsel: Charl Hirschfeld, for the Appellant Rachel Hall, for the Respondent Judgment: 1 June 2012 RESERVED JUDGMENT OF THE MĀORI APPELLATE COURT Copies to: Charl Hirschfeld, Harbour View Law, PO Box 7728, Auckland 1141 Rachel Hall, McCaw Lewis Lawyers, PO Box 9348, Hamilton 3240 2012 Māori Appellate...

8. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 [57] More recently, the High Court has described a review by this Office in the following way:4 A review by the LCRO is neither a j...

9. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...the fact that he rates the Lower Terrace as having Low-Moderate (but variable) landscape capacity (as opposed to Ms Gilbert’s Moderate-High rating). His different rating is in essence as a result of his somewhat more conservative evaluative judgment. In view of the fact that the Lower Terrace is at a much lower elevation, with correspondingly less exposure to public viewpoints and is adjacent to an established enclave of Precinct-zoned rural lifestyle dwellings, we prefer Ms G...

10. [2024] NZEnvC 161 Eden Epsom Residential Society Incorporated v Auckland Council [pdf, 7.2 MB]

    Eden Epsom Residential Protection Society Incorporated v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 161 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Private Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Resp