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1. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...refer all applicants for archaeological authorities that affect sites of interest to Māori to the Māori Heritage Council. 5. New archaeological provisions in the Bill will achieve efficiency gains, reduce some costs, and improve alignment with the Resource Management Act 1991 (the RMA). 6. The Bill establishes a separate emergency authority process in the event of natural disasters that cause, or are likely to cause, loss of life, injury, or serious damage to property. This process w...

2. Yates v Te Kohanga Lots 1 and 3-27 Trust (2010) 13 Taitokerau MB 36 (13 TTK 36) [pdf, 105 KB]

   ...the Local Government Act 1974 applied to partitions. Like s 181C and s 432A(7), s 432(7) provided for inter alia any road reserves shown on an approved plan to be vested in the territorial authority. These provisions were later replaced by the Resource Management Act 1991. Thus, s 181C was the forerunner of the requirement that land be set aside for the purpose of public reserves at the time of partition. [14] The order of 20 January 1966 under s 181C set aside Lot 1 as a “publ...

3. De Heer v CAC 302 & Bernard [2016] NZREADT 33 [pdf, 140 KB]

   ...complicated. Mr Wotherspoon should have assisted Mr de Heer with this. The title is 5 subject to a drainage easement, a sewage right (x 3), various right of ways, a pedestrian right of way and gross drainage easements, various consents under the Resource Management Act which affect the land, a land covenant (which will affect the use of the property could be put), rights to take water sewage and to convey water, gas, electricity, telecommunications, computer media across the la...

4. [2016] NZSSAA 74 (18 July 2016) [pdf, 113 KB]

   ...the applicant that are essential and not reasonably avoidable. 1.4 That in considering any application for special benefit, consideration should be given to- (a) The applicant's ability to meet the Deficiency from the applicant's own resources; and (b) The assistance that is or might be available to the applicant from other sources to meet the applicant's Deficiency, [40] Clause 3.3(a)-(h) of the Direction requires the Chief Executive to have regard to a number...

5. Duty Lawyer Policy v2.3b [pdf, 549 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

6. Standard explanation of effects and implications of anEPA in relation to property [pdf, 249 KB]

   ...imprudent decisions or is subject to compulsory treatment or has special patient status under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Out-of-pocket expenses Things that your attorney needs to pay for from their own resources in order to carry out their role, such as postage and stationery costs, bank fees, travel costs, telephone bills, and legal fees. These expenses do not include lost wages or payment for your attorney’s time. Personal care and...

7. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

   ...land and have the right to determine who may occupy. That right must be balanced against the objectives in the trust order, including the duty to provide for dwelling sites. Nonetheless, the trustees have the right to prioritise often scarce resources as custodians and are not obliged to achieve all of their objectives at any one time. 24 b) At law the trustees are entitled to free and unencumbered use and possession of the trust property to use as they see fit in accordance wit...

8. [2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland [pdf, 308 KB]

   ...will wend their way through the appellate pathways. This case is not in that category. That is not to say that it will not ultimately be challenged; simply that it does not immediately impress as a case that might warrant the application of such resources. The key point is that mere assertions that a relatively straightforward case 10 Johnston v The Fletcher Construction Co Ltd, above n 2. (footnotes omitted) will...

9. Guidelines: Family Court counsellors [pdf, 302 KB]

   ...children and adults; 7 Care of Children (Counselling) Regulation 2013 Definition Evidence/ways of demonstrating h) Gender issues; i) Various kinds of parenting arrangements and parenting plans; j) Local community therapeutic resources for children, young people and their families; k) Relevant family law; and l) Understanding of the responsibilities of the counsellor in relation to the Family Court. Self-awareness including an understanding of: a) The impa...

10. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

    ...beneficial owners agreed to commence major land improvements. To complete the next stage of the development the Māori Trustee considered that the blocks should be aggregated to allow the completion of the development, which requires the combined resources of both blocks. [9] The proposed development is to include the following: a) Construction of a new herringbone cowshed located in a more central position on the farm. This involves additional tracking, power reticulation and...