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1. Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) [pdf, 346 KB]

   ...kaitiaki of the whenua for many years and that should continue. It is a privilege to be in such a position 12 28 Kaitaia MB 24 (28 KT 24). 2018 Chief Judge’s MB 720 and it carries great responsibility to care for this taonga for all the whānau. Mr Murray’s evidence was that he took that role seriously. [38] Thus, having regard to the preamble, ss 2 and 17, I think it is necessary in the interests to cancel the order...

2. [2019] NZEnvC 077 Bunnings Limited v Queenstown Lakes District Council [pdf, 3.3 MB]

   ...Management Engineering at Council advising who their representative is for the design and execution of the engineering works and construction works required in association with this development and shall confirm that these representatives will be responsible for all aspects of the works covered under Sections 1.7 & 1.8 of QlDC's land Development and Subdivision Code of Practice, in relation to this development. 8. Prior to commencing any works on the site, the consent holder sha...

3. Justice Matters - issue 14 - April 2019 [pdf, 4.5 MB]

   ...February to hear personal stories from Māori about their experiences in the justice system. “It was an honour to be part of the events at Waitangi,” says Andrew. “The Te Arawhiti team [the new Office for Māori Crown Relations], which was responsible for planning the occasion, did a great job and I’m grateful to Racheal McGarvey for helping me navigate while we were there. “It was fantastic seeing the work the Hāpaitia team were doing, along with members of the advisory gro...

4. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...noting that Mr Ross would lose his legal right to clear the vegetation on those fencelines under Rule 10.3.2.4.b.ii. Planning evidence and the evidence of Mr Ross [34] Having described the early stages of the investigation including some colourful responses by Mr Ross about what he considered to be his rights on his land, Ms Dempster set out the relevant rules and recorded the definitions of "vegetation clearance" and "indigenous vegetation" . [35] Vegetation c...

5. [2020] NZEnvC 179 Northland Regional Council v Glamuzina.pdf [pdf, 189 KB]

   ...certain procedural steps might be followed, often called a “Pickwick process”. See Pickwick International Inc (GB) Limited v Multiple Sound Distributors Ltd [1972] 1 WLR 1213, [1972] 3 All ER 384. 37 Memorandum for Northland Regional Council in response to 12 October 2020 direction from the Court, dated 12 October 2020. 38 Affidavit of Service of Thomas Edmund William James, dated 14 October 2020. 13 [41] I accept the evidence, as briefly summarised above, as sufficient to demon...

6. Waikato and Waipā River Iwi.pdf [pdf, 240 KB]

   ...12. There is a risk of significantly weakening the implementation of Te Ture Whaimana for point source discharges. Ballance Agri- Nutrients (ENV-2020-AKL-93) Schedule B. Generally support amendments, given seeking to clarify provisions in response to new versions of Overseer and the approval process for Overseer alternatives. Forest and Bird (ENV-2020-AKL-94) Objective 1, Policy 13 Objective 1 and Policy 13 - Interested in any amendment to the 2096 timeframe to achieve the 8...

7. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...scheduling of the pre-hearing conference and mediation shortly after close of the section 274 period, counsel have reflected on the proposed timetable and the need to ensure that parties are not put at any disadvantage. The Transport Agency’s response is as follows: (a) Counsel confirm that the evidence-in-chief filed on behalf of the Transport Agency will be largely confirmatory of the technical assessments which form part of the Application documents. In addition to evidence f...

8. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...matters before it. The Authority accepted that Mr Bennett was suffering from ill-health but found that did not excuse his conduct. That finding is unsurprising. As the Authority noted, representatives in employment law matters have a considerable responsibility to the people or businesses they represent. If representatives find they cannot properly represent their clients, they should advise their clients of the true state of affairs and help them find assistance elsewhere.24 A...

9. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...scheduling of the pre-hearing conference and mediation shortly after close of the section 274 period, counsel have reflected on the proposed timetable and the need to ensure that parties are not put at any disadvantage. The Transport Agency’s response is as follows: (a) Counsel confirm that the evidence-in-chief filed on behalf of the Transport Agency will be largely confirmatory of the technical assessments which form part of the Application documents. In addition to evidence f...

10. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

    ...entitlements, in particular shares relating to a dwelling situated at Tongariro Road, Turangi. She says the current trustees have not managed the trust to the benefit of all the beneficiaries. Ms Wallace also seeks an order reducing the number of responsible trustees, as she has resigned. [2] Sharleen Downes and Derek Downes as trustees oppose the partial termination. They say allowing the applicant to do so would set a precedent for other whānau members to seek 414 Aotea MB...