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  1. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

    ...of Culture Heritage Mr S Hirini, in person for the Muaupoko Tribal Authority Ms V Taueki, in person for the Muaupoko Co-operative Society Mr C Rudd in person Mr T Thomas, in person for Te Runanga o Atiawa ki Whakarongotai Incorporated Judgment: 3 February 2010 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] The Chief Executive of the Ministry for Culture and Heritage seeks determinations as to ownership of various tāonga discovered in the Waikanae region...

  2. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

    ...ZEALAND TAITOKERAU DISTRICT A20150002000 UNDER Section 18(1)(a), Te Ture Whenua Maori Act 1993 IN THE MATTER OF Pakanae 2W1B BETWEEN LISA RATA Applicant Hearing: 24 September 2015 (Heard at Kaikohe) Judgment: 17 February 2016 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 125 Taitokerau MB 18 Introduction [1] Lisa Rata applies per s 18(1)(a) of Te Ture Whenua Māori Act 1993 (“the Act...

  3. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

    ...real consideration. The key part of that decision being: ... after take-off or landing, and in particular where an aircraft is operating above 500 ft over a rural area or above 1000 ft over a congested area, such aircraft and its effects in my judgement lie outside the ambit of the Act and the resource consent process.4 [7] He submits while the above statement may appear to be of universal application, care needs to be taken in reading it that way. The ratio or reasons for the decis...

  4. LCRO 18/2020 MP v LT (31 August 2020) [pdf, 202 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. [33] 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 judicial review nor an appeal. Those seeking a review of a Committee deter...

  5. Finlay - Wairau Block XII part Sections B and C (2019) 61 Te Waipounamu MB 23 (61 TWP 23) [pdf, 261 KB]

    ...FINLAY, MOIRA ANNE HEBBERD, ERINA TANGIWAI MACDONALD, ROBIN BRYAN MACDONALD, GEMMA NGA ROIMATA MCKINNEY and MERE ARRE GREY-SCHUMACHER Applicants Hearing: 27 September 2019, 59 Te Waipounamu MB 198-216 (Heard at Blenheim) Judgment: 17 December 2019 JUDGMENT OF JUDGE S F REEVES 61 Te Waipounamu MB 24 Introduction [1] On 4 June 2019, Amiria Finlay, Moira Hebberd, Erina MacDonald, Robin MacDonald,...

  6. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

    ...WHĀNAU TRUST Ngā Kaiurupare Respondents Nohoanga: Hearing 15 August 2019, 405 Aotea MB 190-209 (Heard at Whanganui) Kanohi kitea: Appearances Polly Wallace, in person Sharleen Downes and Derek Downes, in person Whakataunga: Judgment 30 April 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Introduction [1] Polly Wallace seeks the partial termination of the Te Rina and Matene Downes Whānau Trust in resp...

  7. [2022] NZACC 164 — Foster v ACC (23 August 2022) [pdf, 304 KB]

    ...DAMIAN FOSTER Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent Hearing: 25 July 2022 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr B Hinchcliff for the appellant Ms F Becroft for the respondent Judgment: 23 August 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Suspension of Entitlements s 117; Entitlement to Surgery S67 and Schedule1 Accident Compensation Act...

  8. KM v Q Ltd [2023] NZDT 324 (12 January 2023) [pdf, 194 KB]

    ...letter as an attempt to intimidate them. Whatever the intent of the letter, it was factually incorrect to claim that KM had failed to lodge a claim with the Tribunal: it was Q Ltd that failed to do so. It was also inappropriate to threaten summary judgement, and potential costs of $4,000.00, when the claim was clearly in dispute. The hearing process: 11. On 1 August 2022, KM lodged his claim with the Tribunal. A hearing date of 27 September was scheduled. Q Ltd lodged its ‘co...

  9. GP v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 55 [pdf, 194 KB]

    ...THE ACT BETWEEN GP Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 March 2023 Held at: Auckland/Tāmaki Makaurau Appearances: P Schmidt for the Appellant F Becroft for the Respondent Judgment: 4 April 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Impairment assessment for independence allowance - Part 4, Schedule 1, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision o...