Search Results

1. Anderson - Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) [pdf, 263 KB]

   ...papakainga housing on the land. HNZ (as lender) and the Trust (as borrower and owner) were the signatories to the deed. Nine houses were to be built but apparently only two houses were ever built due to issues with the local council over access and resource consent. [7] In about 1997 difficulties were encountered with the papakainga scheme. Wilson and Keti were living in one of two houses built under the scheme. The reasons for the difficulties are not material to my decision....

2. Rihia v Te Runanganui o Ngati Hikairo - Lake Rotoaira Trust (2012) 287 Aotea MB 44 (287 AOT 44) [pdf, 248 KB]

   ...their views should be ignored. [38] As the Court of Appeal has recently underscored, this Court must fashion its processes to ensure the widest possible participation of owners, with my proviso that such objectives must also be guided by the resources available to the trust in question. 15 That Court also acknowledged that where appropriate, powers of attorney may also assist in ascertaining the extent to which nominees are broadly acceptable. As I have emphasised from the out...

3. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...that the report presented to this Court by Ms Girling- Butcher written by Mr Tony Wazel for the Waitangi Tribunal did not refer to the area as wāhi tapū. [38] He then considered cases where the Environment Court, acting under s 6(e) of the Resource Management Act 1991 (“the RMA”) has had to consider wāhi tapū issues. That Court’s approach is to (a) determine the meaning of the term in the context of the case, (b) assess the evidence, and (c) if it exists determine how to...

4. Wu v CAC 20005 & Li [2013] NZREADT 79 [pdf, 79 KB]

   ...front of Ms Wu’s property would be blocking most of her view. 3 [10] Mr Clark also told the Committee that he went to great lengths to ensure that any purchaser was fully informed because, he said, there would have been problems with his resource consent if this condition had not been included. [11] The licensee told the Committee that the complainant visited the property on three or four different occasions prior to purchasing it. He said he provided her with all relevant...

5. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...some inquiries himself. 8 [15] The meeting was held on 10 May 2013. Mr McLennan was supported by Mr Thomson. Mr Butchart conducted the meeting. Also in attendance was Mr McLennan’s direct manager, Nigel Burton, and Lisa Whooley from Human Resources (HR). 6 At [12]. 7 At [13]. 8 At [18]. [16] The Authority recorded Mr McLennan’s responses to the four allegations, as follows: (a) With regard to the assertion...

6. Summary of submissions: Regulations to give effect to the new alcohol laws [pdf, 591 KB]

   ...agreement with the proposals. 74. Seven submitters proposed that the fees relating to young people should be raised to between $500 and the maximum $1000. This has not been progressed as the proposals take into account young peoples’ limited financial resources, potential non-payment, subsequent escalation, and potential additional costs for the young person and the criminal justice system. If an unpaid fee is lodged with the court it immediately incurs a $30 filing fee and there is...

7. LCRO 276/2013+293/2013+242/2016 CS v VN, PR and ZW ZM v VC [pdf, 274 KB]

   ...purpose of causing unnecessary embarrassment, distress or inconvenience to any person’s reputation interests or occupation, including the complainants’. [76] Mr CS wanted to be paid. He initiated appropriate processes in Mr DH’s name, and resources were deployed accordingly. [77] The evidence does not support a finding that Mr CS contravened rule 2.3. [78] This aspect of the Committee’s decision is confirmed. Rule 11.1 and 13.1 [79] Rule 11.1 prohibited Mr CS from enga...

8. Heta - Taiharuru 4C3B (2010) 13 Taitokerau MB 203 (13 TTK 203) [pdf, 146 KB]

   ...owners’ aspirations. [30] As I say, I consider a hybrid partition to be a reasonable alternative to Mr Heta’s proposal. It is therefore open to me to dismiss the application. Ordinarily, the owners might then be expected to apply under the Resource Management Act 1991 (“1991 Act”) for a subdivision outside the purview of the Court. That would be expensive and time-consuming and invites some uncertainty as separate titles may not be approved. Given this Court’s responsi...

9. Hawke v ACC [2013] NZACA 5 [pdf, 86 KB]

   ...set out in the application for leave to appeal, are applicable to applications before the Authority also. As is the caveat that Authority has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. [16] I was not referred to any case law in respect of the principles applicable to questions of public or general importance, however, in the present case, some of the public interest considerations discussed in cases involving...

10. Transcript of speeches KG Smith [doc, 91 KB]

    ...including misconduct, restraint of trade, industrial action, mergers, vicarious liability and workplace health and safety. So, obviously employment law is your principal area of practice but you also have experience in civil and criminal litigation and resource management law. Your Honour has many many years of court experience and you have appeared in a variety of courts and tribunals including the Fisheries Quota Appeal Authority, the full Court of the Employment Court and the Court of Appea...