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1. ENV-2017-AKL-000096 Straits Protection Society Incorporated v Auckland Council [pdf, 166 KB]

   ...consider that it promotes the purpose of sustainable management to lock in land supply and infrastructure decisions over such a long period when the environment and the needs of people are constantly changing. Resource management planning needs to be responsive to the dynamic processes of urban growth. While providing certainty can promote efficiency by reducing future process requirements, overly or unnecessarily rigid application of rules can be a hurdle or barrier to efficiency by crea...

2. Wilson - Bruce Bay Block XIV section 781A (2005) 110 South Island MB 80 (110 SI 80) [pdf, 449 KB]

   ...Honour Judge C M Wainwright issued a direction on 27 January 2004 asking the applicant to "provide documents that demonstrate his inability to obtain a loan." The learned judge also stated that she would be particularly interested in the response of the National Bank, whose representative has specifically advised her of the National Bank's willingness to lend money on the security of solely owned Maori land provided normal lending criteria were satisfied. Follovving that,...

3. Pere - Matauri X Incorporation (2004) 101 Whangārei MB 73 (101 WH 73) [pdf, 1.1 MB]

   ...accommodation for their father as conferring a right of occupation upon Ben. ~. Had the applicants intended the dwelling to be for their father, and a whanau papakainga, they would have contributed to its construction. It is not enough to put that responsibility upon their tuakana alone. The licence granted by the Incorporation to Ben and Margaret (not Mane) was recorded in the Court at the time. A2QO.tOOOI 561 .da<:/J ~. The applicants do not contest their brothe~s evidence...

4. Te Kani - Lot 2 Deposited Plan South Auckland 8992 (2007) 88 Tauranga MB 112 (88 T 112) [pdf, 1.5 MB]

   ...directed and restricted to that elld. There is 110 question 0/ majority decisions of OlYners necessarily canJ1ing the day. Ally agreement a/the OlYners is subject to the contingencies that the MClon" Land Court may in exercise of its powers and responsibilities refuse to confirm the alienatioll or to change the statlls of the land." 88 Tauranga MB 116 A furtherrefinement of these key principles can be discerned from the High and Court of Appeal judgments Edwards v Maori La...

5. [2019] NZEnvC 009 Double R Developments Ltd v Western Bay of Plenty District Council [pdf, 3.3 MB]

   ...(a) the challenge to the Enforcement Officer's warrant; (b) the challenge to the Chief Executive's delegation to the Enforcement Officer; and (c) that the abatement notice had not been served, rather it had only been issued. [12] In response, counsel for the appellant (who, it may be noted, did not appear for the appellant at the substantive hearing) submits that this is not an appropriate case in 6 which to consider an award of costs exceeding the usual 25 - 33 per ce...

6. [2019] NZEmpC 15 Downer NZ Ltd v Livingstone [pdf, 226 KB]

   ...takes no account of the days actually worked during the month to which it relates. Mr Livingstone justified this consequence on the basis that he worked overtime hours for which he did not receive extra payment beyond his salary. Downer’s response [15] Downer does not accept that Mr Livingstone was required to work the weekend periods he claims. It assessed that, apart from occasions when he may have had to attend to emergency situations, which would not have been often, he s...

7. [2019] NZEmpC 16 Moody v Chamberlain [pdf, 256 KB]

   ...sort when it is satisfied that it is appropriate to do so, in the interests of the parties themselves and the broader interests of justice. [14] Any affidavit should be filed and served within 15 working days of the date of this judgment. Any response should be filed and served within five working days of service of the affidavit. Leave is reserved to apply for any further directions or orders, if that is required, in respect of this timetable. Litigation guardian [15] No d...

8. Family Court Rewrite Submission - Portia Law [pdf, 443 KB]

   ...need lies with the availability of initial advice. This distinguishes the funding for advice from on-going representation. The broader eligibility that attaches to FLAS 1 has importance in respect of the access to legal advice such as rights and responsibilities and the s5 principles relating to children’s welfare and best interests. This also acts as a ‘triaging point’ from which further services can be accessed e.g. a recommendation to obtain a protection order. The gap in s...

9. Cooper v Hurunui - Estate of Derek Heemi Hurunui (2018) 394 Aotea MB 14 (394 AOT 14) [pdf, 256 KB]

   ...394 Aotea MB 16 [10] In addition, Ms Hurunui acknowledged that, originally, it was proposed that either her uncle or aunty, the siblings of her father, would be appropriate as kaitiaki trustee. However, on reflection, she agreed to accept that responsibility herself. [11] Further, Ms Hurunui was supported in her submissions by her sister, Eliza-Moerewa Hurunui, who also confirmed that, from her perspective, the assertions made by their mother were wrong. Eliza-Moerewa Hurunui di...

10. Peihopa v Peihopa - Kaikou H (2021) 227 Taitokerau MB 247 (227 TTK 247) [pdf, 236 KB]

    ...injunction was amended to not take effect until the additional evidence was heard and the stay of proceedings had been determined. [4] At the judicial conference I issued the following directions: (a) Trustees have seven days to file any evidence in response; (b) Barry Peihopa has seven days thereafter to reply; (c) The application will be scheduled thereafter to hear the evidence. [5] Counsel for the applicant sought an extension to file evidence in reply, and this was granted...