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1. Barns - Lot 39A 2A and Lot 30A 2B 2B 2A Parish of Matata (2012) 59 Waiariki MB 242 (59 WAR 242) [pdf, 126 KB]

   ...Geothermal Developments Limited; (b) Ms Adlam and Geothermal Developments Limited have sought orders for security for costs against the Otonga Whānau Trust; (c) The Otonga Whānau Trust brings application as a beneficial owner and may have limited resources to provide security for costs; 59 Waiariki MB 245 (d) There is already an order for security for costs in the sum of $60,385.00 in favour of Ms Adlam and Geothermal Developments Limited so far as it relates to the trusts...

2. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...defendant’s claimed financial position is referred to and an offer to negotiate time payments made. However this communication came two weeks after the statement of claim had been filed. [14] The defendant submits that while it did not have the resources to instruct counsel it has paid all money owing under the claim. It is submitted that payment had been promised prior to the statement of claim being filed and that in these circumstances there was no need to commence the claim,...

3. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...to confirm the trustees’ use of over $1 million of trust funds. A lease must be renegotiated or alternatively proceedings commenced against the current lessee of the land. That lessee is part of a multi national corporation with significant resources at its disposal. [16] I therefore consider it necessary to appoint an independent trustee as chairperson to oversee the business of the trust until such time the lease negotiations or any subsequent proceedings have concluded and...

4. [2014] NZEmpC 29 Patel v OCS Ltd [pdf, 66 KB]

   ...error made by the Authority, where it is said that the plaintiff allocated a staff member from a “critical area” to a “non-critical area” and that finding was incorrect. The defendant accepts that this was in error. Mr Reynolds, the Human Resources Manager of the defendant, who was the decision maker and who has sworn an affidavit in support of the defendant’s opposition to the application for urgency and in support of the application for a stay, says that he found that th...

5. White v Rodney District Council [pdf, 84 KB]

   ...specifying the required remedial work. In May-June 2002, the claimants took action by obtaining building quotations to carry out the remedial work on the decks. Each quotation was in the vicinity of $19,000. At that time, the claimants had the financial resources to carry out the remedial work but they failed to do any such work. The Kerkins denied liability when contacted by the claimants’ lawyer. The claimants therefore filed proceedings with the WHRS on 7 November 2003. Claim...

6. [2016] NZSSAA 112 (22 December 2016) [pdf, 149 KB]

   ...considering any application for a Payment under Part 3− (a) the Chief Executive must consider− (i) whether a Payment would best meet the Particular Immediate Need of the Applicant; (ii) the Applicant’s ability to meet that need from his or her own resources; (iii) the assistance that is or might be available to the Applicant from other sources to meet that need; (iv) the existing debt level of the Applicant from all sources; (v) the effect on the Applicant or his or her Imme...

7. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

   ...under the Criminal Procedure Act 2011. Employment Court – Employment Court judges are appointed under section 200 of the Employment Relations Act 2000. Environment Court – The Environment Court considers applications and appeals made under the Resource Management Act 1991. The Court consists of a mix of judges and Commissioners and appointments are made after consultation with the Minister for the Environment and the Minister of Māori Affairs. Immigration and Protection Tribunal...

8. McCarthy - Utakura 9 (2008) 124 Whangarei MB 84 (124 WH 84) [pdf, 205 KB]

   ...Court in favour of the trustees of the Whanau Trust. Margaret's parents live in that house. [3] Margaret seeks an occupation order for an area of 961m2. She submitted a plan with the application depicting that site. She has since obtained resource consent and building consent and in June 2007 her house was built on the land. (Margaret has sought an area of 961m2, but it is unclear whether the Council consent requires and area of 3,000m2. If that becomes an issue, a variation of...

9. [2018] NZEnvC 106 The Wellington Company Limited v The Save Erskine College Trust [pdf, 210 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 106 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCl") (ENV-2017 -WlG-000038) Appellant THE SAVE ERSKINE COllEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Princ...

10. Notes from Crown Maori Relations hui Auckland 6 May 2018 [pdf, 432 KB]

    ...continuing to draw water. That speaker emphasised the proposed water extraction will impact on the cultural wellbeing of the spring and of the ability of the local hapū to stay culturally connected to the spring. Another speaker indicated that the Resource Management Act does not adequately control the privatisation of water and that consenting processes need to be more transparent, and enable more thorough engagement with iwi/Māori. • Working with the Department of Conservatio...