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1. [2018] NZEnvC 080 NZ Heavy Haulage v South Taranaki District Council [pdf, 1.1 MB]

   ...amenity effects, if the work is not completed within the required time frame. Mr Wesney considered this additional cost to be reasonable in achieving the reinstatement outcomes sought by the Council. [18] Mr Carl Baker, chairman of the NZHHA and a licenced building practitioner, outlined what he saw as the limited options available to owners for financing bonds, as banks will not advance funds until a building is secured on site. In his opinion, for , "some people, finding addi...

2. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...information from the trustees outside of such meetings who should respond appropriately to all reasonable requests. That information might include minutes of trustee meetings, copies of accounts invoices and receipts, correspondence, contracts, leases, licences and related agreements. The proviso being that the trustees can only do so where they are not breaching any relevant law in terms of privacy, employment or where issues of commercial sensitivity might arise. Issues of access...

3. Gillies Realty Limited v The Real Estate Agents Authority (CAC 410), Andrews and de Martin [2018] NZREADT 4 [pdf, 307 KB]

   ...to inquire into and investigate the Agency, in relation to the allegations made against Mr Andrews. [29] It is not correct to say that to interpret s 78(b) as giving the Committee a broad power to inquire and investigate is to give the Committee licence to inquire into and investigate any matter at all, whether or not it arises in the course of the Committee’s inquiry and investigation into a complaint (as it was put for the Agency, to have the power to “go on a fishing expedi...

4. E69 Philip Brown - Planning - EIC - Sanford Ltd [pdf, 848 KB]

   ...or partially cease during the event windows, and/or that the fishing industry is forced to relocate permanently from Auckland. 33. I understand that Panuku has stated that this situation would not occur, because the fishing industry hold berth licences that will need to be respected, and hence Sanford and AFPL must be satisfied with the relocation arrangements before agreeing to move. In this context, it is suggested that the proposed fishing industry relocation is essentially a...

5. Te Whare Maire Trust - Lot 5 DP 8663 (2005) 87 Ōpōtiki MB 238 (87 OPO 238) [pdf, 3.9 MB]

   ...acquired the lands from the Crown. This suggests that Section 11 in the Parish of Waiotahi block remained Crown land for over a period of forty years before it was transferred to the Lamberts. Prior to that transfer it had been leased for 25 years to a licencee who had a right to purchase. It seems that the licencee was probably Mr Lambert (senior) who had died and who was succeeded by his wife Helen Lambert and others, including his children . Colton Charles Lambert became the owner M...

6. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...possession. d) An order under section 20(d) for recovery of possession of the land is not available as NZFP is validly in possession of the land, there is no evidence that an agent of NZFP has entered the land and, even if they had, there is an implied licence under clause 7 of the leases allowing such agents to enter the land. (26) I do not find the arguments persuasive. They rely too much on a dissection of the claim into separate parts which are then analysed in isolation from...

7. DJ v Dua [2019] NZIACDT 6 (14 February 2019) [pdf, 216 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action or uphold it and impose one or more sanctions.3 [46] The sanctions that may be imposed by the Tribunal are set out in the Act.4 It may also suspend a licence pending the outcome of a complaint.5 [47] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standar...

8. [2019] NZCAA 2 (26 February 2019) [pdf, 275 KB]

   ...who has not made an entry in respect of the goods”. [36] If it were otherwise, customs brokers could trigger assessments of duty against persons who are strangers to them using false information. It would appear the Chief Executive could not licence persons to act in that way, and the structure of s 88 of the 1996 Act is not consistent with that outcome. [37] There is limited authority dealing with analogous situations. This is not a situation where an authorised agent has mad...

9. Wynyard v Waata - Manawakore C1 and Manawakore D (Pa Te Aroha Marae) (2019) 205 Taitokerau MB 207 (205 TTK 207) [pdf, 221 KB]

   ...as beneficial owners are suspended. The legal estate vests in the reservation trustees while the original owners and their successors retain the beneficial estate. As long as the reservation status exists, the reservation trustees possess a licence as to occupation, use and enjoyment of the land and the benefits accruing there from until the reservation is cancelled.9 As the trespass notice was not issued by the Marae trustees, it has no legal effect and cannot be enforced...

10. Appendix 7 - Worked examples - other examples [pdf, 2.1 MB]

    ...land use (with the actual PAW values matched to the closest relevant value in Aqualinc’s tables). Input data sources: a) The profile available water (PAW), soil siblings and soil percentages data were provided by Landcare Research via an S-Map licence. S-map data can be viewed online. b) Mean annual rainfall (MAR) input data was sourced from ORC, and the spatial data for this layer can be viewed online through an ArcGIS Webmap Viewer. c) Land use information about what is irrigated...