Search Results

1. [2019] NZEnvC 110 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 1.7 MB]

   ...landscapes is based on an evaluation system for all the assessment factors listed below. The system is qualitative rather than quantitative and there is no score to become 'outstanding'. This is a complex process requiring the exercise of judgement in a multi-dimensional framework. Outstanding natural features and landscapes can include human modifications (including activities) or otherwise be influenced by cultural associations, whether historical or modern. [27] The next se...

2. Dixon - Succession to Hare Manukau [2021] Chief Judges MB 887 (2021 CJ 887) [pdf, 942 KB]

   ...TAKE In the matter of Succession to Hare Manukau LYNNETTE ROSEMARY DIXON Te Kaitono Applicant Nohoanga: Hearing 26 March 2021, 2021 Chief Judge’s MB 486-525 (Heard at Rotorua via Zoom) Whakataunga: Judgment date 5 July 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA TUARUA C L FOX Judgment of Deputy Chief Judge C L Fox 2021 Chief Judge’s MB 888 Hei tīmatanga kōrero - Introduction [1] Lyn...

3. Houghton v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 57 [pdf, 361 KB]

   ...stated to be on its face a “certificate of employment” dated 21 February 2022. It is headed “TO WHOM IT MAY CONCERN”, “Andrew Houghton”. It states: I hereby confirm that Andrew was employed by HiTech Fixers Ltd & Plasterboard Lining Services Ltd. Andrew was employed at HiTech Fixers Ltd from 3 September 2009 to May 2011 when his employment moved to Plasterboard Lining Services Ltd until 22 December 2011, his position was full time and permanent. [47] It is signe...

4. Foster v Accident Compensation Corporation (Cover) [2025] NZACC 145 (4 September 2025) [pdf, 500 KB]

   ...KANCHAN FOSTER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearings: 24 June 2025 and 30 July 2025 Held at: Auckland/Tāmaki Makaurau Appearances: B Cunningham for the appellant F Becroft for the respondent Judgment: 4 September 2025 RESERVED JUDGMENT OF JUDGE D L HENARE [Cover, ss 20, 26 Accident Compensation Act 2001] [1] The appellant, Kanchan Foster claims cover for complex regional pain syndrome (CRPS) Type I following an accident d...

5. [2018] NZEnvC 129 Royal Forest and Bird Protection Society v Canterbury Regional Council [pdf, 7 MB]

   ...Forest and Bird , dated 11 June 2018, at [5]. Cancer Society of New Zealand Inc v Ministry of Health [2013] NZHC 2538, [2013] NZAR 1461 , Rodney Hansen J. 10 the cost of certainty. The use of Guidetines to promote a consistent approach to the judgments enforcement officers are called upon to make is entirely proper provided they do not introduce extraneous considerations which have the effect of unlawfully fettering the exercise of the decisionmaking power. However well intentio...

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

   ...Auckland. 1851. Auckland Public Library. 1984. 2286 [10] Fortune, G. and Dr G. Young. (Transcription of) Orakei Minutes of the Native Land Court. The Marutuahu Confederation and Hauraki Maori Trust Board. 2005. [11] Fenton, F.D. Important Judgements. Southern Reprints. 1994. [12] Williams, H.W. Dictionary of the Maori Language (7th ed.). GP Publications Ltd. Wellington. 1992. [13] Simmons, D. Maori Auckland. The Bush Press. Auckland . 1987. [14] Great Britain P...

7. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...EIC, Appendix 1. 35 Which is a reference to the draft of that document dated May 2021. 36 Y Pflüger, EIC, Appendix 1. 37 Y Pflüger, EIC, Appendix 1. 38 Y Pflüger, EIC, Appendix 1. 22 Such an assessment “relies on a landscape architect’s judgement in respect of visual amenity and the reaction of people who may be affected by the proposal”.39 [85] It states that “this should also recognise that people more susceptible to change generally include: residents at home; peop...

8. LCRO 181/2023 HC v QG and VO (28 February 2025) [pdf, 413 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. [87] The High Court has also described a review by this Office in the following way:17 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are...

9. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 (309 WAR 197) [pdf, 459 KB]

   ...definition of tikanga: The word ‘tikanga’ itself provides the clue that tikanga Māori deals with right and wrong. ‘Tika’ means ‘to be right’ and thus tikanga Māori focuses on the correct way of doing something. This involves moral judgements about appropriate ways of behaving and acting in everday life. 309 Waiariki MB 210 [56] Both moral duties and tikanga evolve as society evolves. This natural evolution is acknowledged by the FPA, by leaving it to the courts t...

10. Transcript (weeks 7 & 8 Dunedin) [pdf, 4.7 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF An appeal pursuant to s Of the notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) of The Resource Management Act 1991 OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 17 May 2021 held in Courtroom Dunedin Co