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1. 2021-03-12 ORC PC7 - Transcript - up to end of day 3 [pdf, 1.4 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...

2. Nicholls v Nicholls - The W T Nicholls Trust (2014) 78 Waikato Maniapoto MB 107 (78 WMN 107) [pdf, 116 KB]

   ...MARI NORMAN and SARACH JANE NICHOLLS as trustees of the W T NICHOLLS TRUST Applicants AND GEORGE TAMA NICHOLLS, WILLIAM OHOMAURI DANIEL (TANIORA) POMANA NICHOLLS, ZENA LYNDA NICHOLLS, CHERIE POVEY, AROHAINA POVEY Respondents Judgment: 9 June 2014 DECISION OF JUDGE C T COXHEAD 78 Waikato Maniapoto MB 108 Introduction [1] On 24 October 2012 the applicants filed an application seeking the following orders: (a) An order pursuant to s 18(1)(...

3. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...further action pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006. The Applicant applied for a review of that decision. Background [2] In around 2005 the Applicant issued proceedings against ACQ Insurance Co. Ltd and Ors seeking judgment for loss she claimed to have suffered as a result of ACQ‟s failure to pay on an insurance policy. In that proceeding the Applicant was represented by solicitor Mr TR, and counsel he had instructed. [3] The Practitioner represent...

4. [2023] NZEmpC 157 Whakarongorau Aotearoa New Zealand Telehealth Services LP v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 201 KB]

   ...AND NEW ZEALAND NURSES ORGANISATION INCORPORATED Second Defendant Hearing: 15 September 2023 (by telephone) Appearances: J Harrop and A Shieh, counsel for plaintiff P Cranney and D Allan, counsel for defendants Judgment: 15 September 2023 Reasons: 19 September 2023 REASONS FOR JUDGMENT OF JUDGE KATHRYN BECK [1] On 15 September 2023, I made the following order: … that an interim injunction be issued restraining the defendants...

5. Māori Trustee – Mourea Papakāinga 3D (1995) 240 Rotorua MB 212 (240 ROT 212) [pdf, 2.8 MB]

   ...18(1)(1) of Te Ture Whenua Maori 1993 for determination that '" lnterelt In land la hlld In 1 Aducllry C.paclty Date of Hearln9 • 25 March 1995 For the Appllcent • Mr J Gnnt For the Trusts Ind lnc:ofpcntlona reterr.d to In the Judgement • Mr G Dennett !ntroductlpn This case la the latat and la unlikely to be the last. In • Mriea of hllringa In various Courts Involving • reaort hotel built on Maori freehold land et Like Rotoltl. How lpt Shaklapeare•a WOfd...

6. Z v D LCRO 4 / 2008 (23 April 2009) [pdf, 44 KB]

   ...NZLR 438; [1991] NZAR 385 Tipping J considered this question at p 390 stated: The essence of an accrued right in this context is that something must have happened to give the person claiming the right the ability to prosecute the same to judgement. Although the right need not have matured into formal legal relief the facts entitling the person concerned to relief must have happened before the repeal in such a form that the right, although not having matured into judgement or r...

7. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...in out[sic] Multi- Disciplinary Meeting.” 25. BOPDHB’s policy11 at the time stated that if a consumer misses two appointments and has a current risk assessment that indicates unknown/low risk, a decision should be made based on clinical judgement and/or the referrer's level of concern whether a third appointment should be attempted or whether a letter should be sent advising the consumer of discharge from the service if they do not contact the service within 14 days....

8. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   ...taken"? [41J In Carter Holt Harvey Limited v Waikato Regional Counci?8 ("CCH') the Environment Court stated that the interpretation of matters within a permitted activity rule which involved input of site-specific expert analysis and judgement, was not appropriate for a permitted activity rule39. In this case, where the definition is proposed to support a range of permitted activities, it is important that compliance with the rule can be objectively ascertained. 32...

9. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   TITIIMAEA EUGENE ELISARA v ALLIANZ NEW ZEALAND LIMITED [2019] NZEmpC 123 [6 September 2019] ATTENTION IS DRAWN TO THE NON-PUBLICATION ORDERS MADE AT PARAGRAPH [65] OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 123 EMPC 307/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TITIIMAEA EUGENE ELISARA Plaint...

10. Austen v The Far North District Council - Okahu 4D (2020) 209 Taitokerau MB 150 (209 TTK 150) [pdf, 246 KB]

    ...ME And THE FAR NORTH DISTRICT COUNCIL Te Kaiurupare Respondent Nohoanga: Hearing On the papers (Heard at Chambers) Kanohi kitea: Appearances R Mark for Applicants G Swanepoel for Respondent Whakataunga: Judgment date 18 March 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ M P ARMSTRONG Judgment of Judge M P Armstrong Copies to: R Mark, Barrister Solicitor Mediator, PO Box 172 , Kerikeri 0245, rcmark@xtra.co.nz G Swanepo...