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1. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...their ownership to the land and all the fixtures on the land. Her sister Lillian Ottoway in Court represented Valerie. The Ottoway children say that their father funded the building of the house and outbuildings on the block entirely from his own resources. They want recognition that their father owned the buildings or alternatively that they receive compensation from the current owners for the time and money expended by their deceased father (Mr Ottoway) and their family, on the proper...

2. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...necessary finance to develop the land as originally intended when purchased. In support of this contention, the applicants have filed evidence including details of various development plans for the land which appear to have progressed to the stage of resource consent for particular activities that they planned to carry out on the land. [5] Counsel also pOinted to the fact that the applicants had undertaken advertising as required in terms of any changes status application for the pu...

3. 2021-02-23 Minute PC7 Expert conferencing [pdf, 882 KB]

   ORC – MINUTE PC7 – 23 FEB 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE K TI TAIAO O AOTEAROA KI TAUTAHI IN THE MATTER of the Resource Management Act 1991 AND 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) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant ________________________...

4. [2019] NZEnvC 151 The Otahuao Burial Ground Trust v Heritage New Zealand Pouhere Taonga [pdf, 6.9 MB]

   ...issued Authority No. 2006/207, for the works with general monitoring conditions and provision for investigation if required. The archaeological sites were marked out by NAR in 2008, however the NZHPT Authority has lapsed. FNH Ltd have renewed the Resource Consent for the project from the Nmihland Regional Council. After consultation with Heritage New Zealand and Nmihem Archaeological Research Ltd, it was determined that a new Authority to Modify under Section 44(a) of the Heritage New Z...

5. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...Order 2017, which would otherwise take place on 30 September 2020, on the basis that it will no longer be possible to prepare replacement orders by then due to the effects of COVID-19. Schedule 8 - Environment 16. Schedule 8 amends the Resource Management Act 1991 to:  Enable any requirements that documents be made available to the public for inspection in physical form to be satisfied by making them available online free of charge; and  Enable a local authorit...

6. [2017] NZSSAA 47 (27 September 2018) [pdf, 259 KB]

   ...living in her own home. [22] Before doing so, we reiterate a factual point that it is not contested. The appellant over the last 12 years has faced some very difficult circumstances. She was required to fund very expensive treatment using her own resources. Treatment that would have been available to her without cost if she had become ill a short time later than was in fact the case. She has worked assiduously to repay the money she borrowed for 7 her treatment, and soug...

7. Paul v Doorbar - Pukepapa 3 (2020) 414 Aotea MB 16 (414 AOT 16) [pdf, 218 KB]

   ...tasks for the trust, it is ultimately the trustees who are responsible and accountable to the beneficiaries for their conduct. From time to time, marae reservations have in effect delegated responsibility for the management of their lands and resources not to trustees but to 8 (2009) 34 Gisborne Appellate MB 230 (34 APGS 23) 9 Perenara v Pryor – Matata 930 (2004) 10 Waiariki Appellate MB 233 (10 AP 233) 10 (2018) 38...

8. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...DHB’s motivation is in bringing the proceeding, reference is made to an overseas phenomena of “strategic litigation against public participation” which is outlawed, he says, because it gives wealthy parties an advantage by exhausting the resources of less wealthy parties. [16] Mr Halse goes on to dispute the way in which the Authority performs its role and submits that the Court has effectively supported its approach, which has “progressively disabled” the dispute resol...

9. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . Judge McGuire’s judgment [36] Judge McGuire stated that the ultimate issue for de...

10. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

    ...appeared to leave open the option of mediation. It was his view that without an authoritative resolution of the central legal question by objective arbitration, bare mediation was unlikely to have any reasonable prospects of success and would waste resources. [39] For the purposes of reg 68, Mr Henderson submitted that this was an “offer to settle” under reg 68(1), which would have had the effect of containing, by avoidance, all the legal costs now being sought. He also submit...