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1. Te Tawa Kaiti Lands Trust v Tuhoe PutaiaoTrust - Ruatoki B23 (2008) 123 Whakatane MB 150 (123 WHK 150) [pdf, 2.8 MB]

   ...substantive proceedings the applicant argues that the Whakatane river is non-navigable. Thus they invoke the ad medium filum aquae principle and argue that the land the subject of those proceedings is Maori freehold land. [4] The Respondent has a resource consent to extract metal from the area in question. [5] Recently the High Court examined the test to apply when ascertaining the navigability of rivers. That decision being Paki & Ors v Allorney General (HC, Hamilton, 30 Ju...

2. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...reference point for a person’s ability to pay, and the provision of social housing may require the Government to draw broad distinctions between groups and make certain assumptions about the characteristics of groups in order to effectively direct resources to where they are most needed. 4. We do not consider the significant search powers provided for under the Bill are inconsistent with ss 14 or 21 of the Bill of Rights Act. The powers are necessary to ensure that social housing con...

3. Evidence Brief: Therapeutic Interventions for Victims of Intimate Partner Violence [pdf, 313 KB]

   ...http://tva.sagepub.com/content/early/2015/09/01/15248380156027 36.full.pdf+html Sullivan, C., Warshaw, C. & Rivera, E. (2013). Counseling Services for Domestic Violence Survivors: A Review of the Empirical Evidence. Harrisburg, PA: National Resource Center on Domestic Violence. Warshaw, C., Sullivan, C. & Rivera, E. (2013). A Systematic Review of Trauma-Focused Interventions for Domestic Violence Survivors. Chicago: National Center on Domestic Violence, Trauma & Mental He...

4. Evidence Brief: Speed Limit Enforcement [pdf, 522 KB]

   ...approach to road safety. Retrieved from http://www.saferjourneys.govt.nz/assets/Safer-journeys-files/safe- system-for-designers-leaflet.pdf New Zealand Transport Agency (2016). Road Policing Programme (RPP). Retrieved from https://www.nzta.govt.nz/resources/road- policing-programme/ Povey, L. J., Frith, W. J., & Keall, M. D. (2003). An investigation of the relationship between speed and enforcement, vehicle speeds and injury crashes in New Zealand. Land Transport Safety Authority....

5. 2021-05-18 JWS - Deemed permits and associated rights of priorities [pdf, 292 KB]

   ...IN THE MATTER of a 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(the Act) BETWEEN OTAGO REGIONAL COUNCIL Applicant ENV-2020-CHC-127 Facilitator Deputy Commissioner- RM Dunlop Date 3 May 2021 and 17 May 2021 Venue Heritage Dunedin Leisure Lodge, 30 Duke Street, Dunedin...

6. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...including the Whakatane Historical Society. He also retains strong connections to the Rangitaiki hapO Kahu Pake and through various tipuna to TOwharetoa. Mr Wiremu Maunsell is chairman of a local hapO trust that administers the bulk of tribal lands and resources of several coastal hapO. The evidence before the Court confirms that these hapO whakapapa directly to the tipuna named in the original title investigation into ROrima in 1920. He is also a former Chairman and iwi authority repre...

7. [2017] NZEmpC 82 Judea Tavern Ltd v Jesson [pdf, 121 KB]

   ...her job could not be held open for her any longer. Nor do I accept, based on the evidence before the Court, that the situation was as difficult as now asserted. As Mr Wade made clear, Ms Jesson’s absence was able to be covered by drawing in resources from elsewhere. [28] While Mr Wade gave evidence that he told Ms Jesson during the course of the 12 October telephone conversation that he would be writing to her outlining the situation from the company’s perspective, no letter...

8. LCRO 202/2017 LO v RT (4 February 2019) [pdf, 173 KB]

   ...Standards Committee [X] declined to take any further action on her original, 26 October 2013, complaint. [9] Her first complaint was that RT had: (a) prepared a first right of refusal contractual agreement, when the proposed development lacked resource consent; (b) received her money and wrongfully paid it out to others; and (c) was active in promoting sales in what turned out to be a fraudulent development. [10] The Committee’s May 2014 decision to take no further action o...

9. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...agreements for sale and purchase for each of the above sales included a number of conditions addressing the fact that the apartments were being sold off the plans: for example as to titles being issued and transferred, the vendor obtaining all necessary resource consent, approvals and permits, and the vendor’s ability to make variations or alterations to the units and accessory units. [5] A Code Compliance Certificate for the apartment building was issued by Christchurch City Coun...

10. 2020 NZEnvC 113 Ahuareka Trustees no 2 Limited v Auckland Council [pdf, 11 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 113 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act AHUAREKA TRUSTEES (NO. 2) LIMITED (ENV-2015-AKL-000147) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge 8 P Dwyer sitting alone under s 279 of the Act Hearing: On the Papers in Wellington Date of Decision: 24 July 2020 Date of Issue: 24 July 2020...