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1. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...J Hodder QC and K Grant for Mercury NZ Ltd I Millard QC, M Smith, A Sykes for Respondents D Ward and M McMenamin for Attorney-General K Feint QC for Te Kotahitanga o Ngāti Tuwharetoa J Cole for Raukawa Settlement Trust Whakataunga: Judgment date 1 July 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ C T COXHEAD Judgment of Judge C T Coxhead Proceedings continued overleaf 277 Waiariki MB 175 Proceedings continued ME And TE KOTAHITANGA O NGĀT...

2. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...Before the appeal hearing, the Minister wrote to the Tribunal explain- ing that in her opinion all informa- tion was already before the Tribunal. Meanwhile, the Tribunal issued an interim report. After the hearing and before the release of the judgment, the Tribunal issued a further report outlining its findings and recommendations, with parties retaining leave to apply for fur- ther directions after the judgment. The repeal Bill was also introduced shortly before the judgment’s re...

3. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...GRANT KNUCKEY Te Kaiurupare Respondent Nohoanga: Hearing 3 October 2023, 475 Aotea MB 203-283 (Heard at New Plymouth) Kanohi kitea: Appearances Tiana Barker for Applicants Tom Bennion for Respondent Whakataunga: Judgment date 16 November 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ M J DOOGAN Judgment of Judge M J Doogan Copies to: T Barker, McCaw Lewis, PO Box 9348, Hamilton 3240, tiana.barker@mccawlewis.co.nz T Bennion,...

4. Kururangi - Wharekahika A47 (2006) 168 Gisborne MB 103 (168 GIS 103) [pdf, 419 KB]

   ...Whenua Maori Act 1993 Hearing: IN THE MATTER OF Wharekahika A47 14 December 2005 (Heard at Gisbome) JIM KURURANGI Applicant Appearances: Gordon Webb - Counsel for the Trustees Ron Barber - Counsel for Applicant T Collier for Maori Trustee Judgment: 15 September 2006 JUDGMENT OF .ruDGE C L FOX Introduction [1] On 1 April 2000, Mr Jim Kururangi signed a lease with the trustees of Wharekahika A47 for a term of 5 years with two terms of renewal. On 23 August 2004, the Mao...

5. Cranstone - Kauangaroa No 2 (2017) 366 Aotea MB 250 (366 AOT 250) [pdf, 318 KB]

   ...Hearing: 362 Aotea MB 170-180 dated 22 November 2016 365 Aotea MB 160-166 dated 21 December 2016 (Heard at Whanganui) Appearances: A Cranston for the applicants Duncan Matthews in person Judgment: 13 March 2017 JUDGMENT OF JUDGE L R HARVEY Copies to: A Cranston, Treadwell Gordon Third Floor Wairere House Corner Somme Parade and Bates Street, Whanganui 4541, DX PA87505 366 Aotea MB 251 Introdu...

6. McKinney v Cassidy [pdf, 259 KB]

   ...opinion on the amount of the reductions. 6.14 The issue of betterment is often raised in building disputes and WHRS adjudications. The arguments from both sides are often finely balanced, and I believe have been excellently outlined in the judgment of Fisher J in J & B Caldwell Ltd v Logan House Retirement Home Ltd [1999] 2 NZLR 99. After covering the authorities, he concluded on page 108: I accept the logic of an approach which makes a deduction for betterment only afte...

7. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

   ...& STRATTON NEW ZEALAND LIMITED Defendant Hearing: 26-29 July and 10 August 2010 (5 days) (Heard at Auckland) Appearances: Garry Pollak, counsel for the plaintiff Margaret Lewis and Moira Macnabb, counsel for the defendant Judgment: 27 October 2011 JUDGMENT OF JUDGE A A COUCH [1] Mr Gwilt was employed by Briggs & Stratton New Zealand Ltd from June 2004 until he was dismissed in April 2008. The broad issues in this case are whether that dismissal...

8. Warin - Whangaruru Whakaturia 4 Lot 32 DP 126453 (Part) 30 Taitokerau MB 37 (30 TTK 37) [pdf, 250 KB]

   ...Whakaturia 4 Lot 32 DP 126453 (Part) BETWEEN MURRAY & ROBIN WARIN MALCOLM & KATHARINA JENSEN Applicants Hearing: 25 August 2010 15 November 2010 (Heard at Whangarei) Counsel: Mr W W Peters for the Applicants Judgment: 14 November 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [1] The applicants are two non-Māori couples who in 1995 purchased Whangaruru Whakaturia 4 Lot 32 DP 126453 (―Lot 32‖) from the Māori Trustee. The lan...

9. [2024] NZEnvC 075 McCallum Bros Limited v Auckland Council [pdf, 12 MB]

   McCallum Bros Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2024] NZEnvC 075 IN THE MATTER OF appeal under s 120 of the Resource Management Act 1991 (the Act) BETWEEN MCCALLUM BROS LIMITED (ENV-2022-AKL-121) Appellant/Applicant AND AUCKLAND COUNCIL Respondent Court: Judge J A Smith Judge A H C Warren Commissioner S Myers Commissioner K Prime Special Advisor R Howie Hea

10. 2021-03-26 Transcript (up to end of day 11) [pdf, 4.2 MB]

    ...OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those 5 documents have over the required or permissible cont...