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1. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

   ...agreements. Mr Cleary referred to the well-known five principles of contractual interpretation articulated by Lord Hoffmann in Investors Compensation Scheme Limited v West Bromwich Building Society 4 which were adopted in New Zealand in Boat Park Ltd v Hutchinson 5 and recently reaffirmed in Vector Gas Ltd v Bay of Plenty Energy Limited. 6 As both counsel relied on the stated principles, I set them out in full: (1) Interpretation is the ascertainment of the meaning which the...

2. ENVC Hearing 6Oct14 AC rebuttal Mica Plowman [pdf, 5 MB]

   ...Turnbull Library reference number WA 34328-F. ! ! Figure 7. White’s Aviation oblique aerial photo; 1983. Matiatia Bay and beachfront. Illustrating The Alison farm stockyards and boat shed (far left), the original Matiatia Wharf (centre) and car parking area at the southern end of the bay. Source Alexander Turnbull Library reference number WA 77233-F. !!!!!! !!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! 31555742:629148 23! ! Figure 8. Part White’s Aviation oblique aerial photo; 1982 (enla...

3. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...necessary rights of entry on the land over which the easement is granted with or without machinery, plant, and equipment: (b) The right to have that land over which the easement is granted kept clear at all times of obstructions whether caused by parked vehicles, deposit of materials, or unreasonable impediment to the use and enjoyment of the driveway: (c) The right to a reasonable contribution from other occupiers towards the cost of establishment, maintenance, upkeep, and re...

4. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...house and he was about to work on the roof and to paint the property before Notice was received. He has since stopped work until these proceedings have been concluded. In terms of the area surrounding the house, he has a number of large trucks parked on the property including a Kenwood with a semitrailer and a six wheeler Nissan Water tanker that does not go. He claims he needs the entire 6,000 square metres for the trucks and his firewood business. [33] In response to the evide...

5. MC & Ors v ND LCRO 377/2013 (13 October 2014) [pdf, 86 KB]

   ...paper work will probably cost at least $5,000 for a one day matter, and I am not sure we can make what we are still holding stretch to cover this. It is difficult for us to estimate what this matter may end up costing beyond the very general ball park figures given before, but there is little point in starting down this pathway only for you to find yourself halfway there but without any further ability to progress the matter, so please let us know how you propose to raise funds going for...

6. [2017] NZEnvC 207 Auckland Council [pdf, 734 KB]

   ...Pukekohe HIAB Transport Ltd v Auckland Council [2012] NZEnvC 142 at [7]-[8]. Noel Leeming Appliances Ltd v North Shore CC (1992) 2 NZRMA 113; Reilly v Northland RC (1993) 2 NZRMA 414. For example, Robinsons Bay Trust v Christchurch CC C128/07; Omaha Park Ltd v Rodney DC A 120109; Hedley v Wellington RC W048/99. For example, Harris v Tasman DC W099/00. Section 281(1A) RMA. 12 of resources is generally to be done on a participatory basis so that the avoidance, remediation or m...

7. WHT - glossary [pdf, 685 KB]

   ...title: A title that records ownership of a ‘unit’ of a larger property, and an undivided share in the ownership of the common property. The owner becomes a shareholder in the company that manages the common areas, such as a garden, garage, pool, parking space, lifts and laundries. The unit can be bought and sold, or leased, or mortgaged. Other names for unit title are stratum estate or strata title. Unit title complex: A complex containing dwelling-houses held under the stratum...

8. Jang v Tse [pdf, 92 KB]

   ...16 which is the subject of this claim. 10.17 Evidence was given from a Mr Geoffrey C Brand who had obtained a Baycorp Advantage Consumer Credit Check in the name of Donglin Deng and produced this which confirmed credit from Placemakers Wairau Park on 20 November 2000 and Carters Auckland Regional Office on 12 Claim 00677.doc 19 September 2000. Mr Brand said he made enquiries of those companies and learned that Mr Donglin Deng had bought $2,000.00 worth of power tools...

9. [2017] NZEnvC 126 T Barrett v Thames Coromandel District Council [pdf, 9 MB]

   ...Lots 1675 to 1682 DPS 72129 in Pauanui, provided one airplane hangar per dwelling is on the lot and no buildings are witllin 7 111 of the Pauanul Airfield boundary; and b) Structures accessolY to the outdoor playing fields at Mercury Bay Multi-Sport Park in Whitianga, including fioodlights and goal posts. 3. An activity that does not retain Its activity status under Rule 1.1 is a non-complying activity. NOTE 1. As well as being shown on the Overlay Planning Maps, the obstacle limitat...

10. Lux v Raukawa - Opape No 3A1E (2017) 171 Waiariki MB 8 (171 WAR 8) [pdf, 349 KB]

    ...reservations were granted on the basis that meetings had been held and no objections were raised.16 In most cases, cancellation was granted to facilitate other utilisation of the land, such as for papakainga or housing sections, the creation of a public park area, the constitution of an ahu whenua or whānau trust, or the inclusion of the land in an existing Māori reservation. In some instances, the Court considered the original purpose of the reservation and the situation as it st...