Search Results

1. Burke Family Trust v Wellington City Council [pdf, 265 KB]

   ...Act where general damages in favour of a Trust were respectively disallowed and allowed. I was also referred to La Grouw v Cairns (CIV 2002-404-156; O'Regan J; Auckland High Court; 16/2/04). That was an appeal against a District Court judgment where a claim had been made by a trustee as purchaser of a dwellinghouse against the vendor for alleged misrepresentation concerning leaks caused to the property. The High Court dismissed the appeal from the District Court on the gro...

2. [2018] NZEnvC 087 Okura Holdings Limited & Others v Auckland Council [pdf, 11 MB]

   BEFORETHEEN~RONMENTCOURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND AND AND Decision No. [2018] NZEnvC 87 of the Resource Management Act 1991 of an appeal under s156 of the Local Government (Auckland Transitional Provisions) Act 2010 ZHI LI, JING NIU AND WEill YANG (ENV-2016-AKL-000196) Appellants OKURA HOLDINGS LIMITED (ENV-2016-AKL-000211 ) Appellant AUCKLAND COUNCIL Respondent ROYAL FOREST AND BIR

3. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

   ...with the Broadwood villas project, a building company of some substance was involved. [28] Heath J in Sunset Terraces,6 whose decision was upheld on appeal by the Supreme Court, defined the duty of a local authority as follows: In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in the plans and specifications submitted with the building consent application or is known to th...

4. Evaluation of Whanau Protect (National Home Safety Service) 2022 [pdf, 1.6 MB]

   National Home Safety Service: Whānau Protect Evaluation Report 2022 Acknowledgements This report was written by Sue Allison and Tania Boyer from GravitasOPG. The quantitative data match of National Collective of Independent Women’s Refuges (NCIWR) administrative data and Police Recorded Crime and Victim Statistics (RCVS) was undertaken by the Ministry of Justice’s Sector Group . NCIWR provided anonymised collated administrative data. The authors

5. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...Principle of Tikanga Māori. Tīkanga Māori refers to customary practices, ethics, cultural behaviours, considerations, and obligations. Tīkanga Māori is important to enable us to appropriately navigate and operate within a Māori context and make judgments and decisions within this space. ● Rangatiratanga: The Principle of Rangatiratanga. Rangatiratanga is related to the notion of autonomy. It is relevant in the evaluation process in terms of allowing Māori to shape their own...

6. Iwi panels technical appendix [pdf, 1.1 MB]

   ...chairperson, kaumātua an a Māori arden. Each panel consists of three members selected based on their relevant experience and skill in dealing ith offen ers. Other kaumātua are expecte to be able to use their knowledge and experience to make good judgements in relation to offenders. Administration support MUMA oesn’t have a specific administration support person for iwi panels. The whole team manages administration, such as uploading data into a Ministry of Jus...

7. [2017] NZEnvC 120 Housing New Zealand Corporation v Auckland Council [pdf, 1.4 MB]

   ...find that it informs our decision­ making on the approach to the regional policy statement provision in front of us. Hierarchy of planning documents [13] The hierarchy of planning documents is summarised in para [14] of the Supreme Court's judgment in EDS v New Zealand King Salmon Company [2014] 1 NZLR 593 (SC): (King Salmon) Second, the scheme moves from the general to the specific. Part 2 sets out and amplifies the core principle, sustainable management of natural and physi...

8. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND AND Decision No. [2017] NZEnvC 159 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HOKIO TRUSTS (ENV-20 16-WLG-000004) Appellant MANAWATU-WANGANUI REGIONAL COUNCIL Respondent MANAWATU-WANGANUI REGIONAL COUNCIL Applicant Court: Heard: Environment Judge B P Dwyer sitting alone under s 279 of the Act In Chambers at Wellington Date of Decision: 27 September 2017 Dat

9. LCRO 240/2016 HM v NL (28 November 2018) [pdf, 255 KB]

   ...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. [30] More recently, the High Court has described a review by this Office in the following way:6 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinatio...

10. [2020] NZEnvC 205 Todd v Queenstown Lakes District Council [pdf, 3.3 MB]

    ...Noticeable change in a context of an already-established enclave of residential buildings Findings as to relevant landscape values [74] The consideration of how a proposal would affect an ONF or other identified feature or landscape is heavily judgment-laden. Much turns on what is sought to be protected. On those matters, we refer in particular to the Supreme Court's decision in King Salmon, 55 the Court of Appeal decision in Man O'War Station Limiteci56 and the discussio...