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1. Muraahi v Phillips Rangitoto Tuhua 55B1B and 55B1A2 Manu Ariki Marae [2013] Māori Appellate Court 528 (2013 APPEAL 528) [pdf, 266 KB]

   ...say:24 Security of title by registration lies at the very heart of this country’s system of land ownership. The legislature must be taken to have been well aware of that, as is noted by McGechan J at p 673 of the Housing Corporation case. Those responsible for drafting the Act must be taken to have known of the Judge’s comments in that case and have been aware of the need, if the intention was to override the LTA, to say so expressly. Had Parliament intended to impinge upon indefe...

2. [2017] NZEnvC 216 Mackenzie District Council [pdf, 9.2 MB]

   ...that contravenes a rule in a district plan or proposed 33 The Resource Management Amendment Act 2005 (2005 No. 87). 17 district plan unless the activity is - (a) Expressly allowed by a resource consent granted by the territorial authority responsible for the plan; or (b) An existing use allowed by section 10 or section 10A. [underlining added] The effect of section 9(1) RMA-05 is that an owner or occupier may generally use their land as they like34 unless the use contravenes...

3. ENV-2016-AKL-000208 Kohler v Auckland Council [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND IN THE MATTER AND IN THE MATTER AND IN THE MATTER BETWEEN AND ENV-2016-AKL- of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) of an appeal under section 156(3) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel (Hearings Panel) on the proposed Auckland Unitary Plan (Proposed Plan) *

4. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

   ...application. Counsel seeks directions that expedite this matter as follows: a) as per earlier s45/93 s241/93 application Chief Judge recuse himself from hearing this matter and delegate to Deputy Chief Judge [DCJ] the Office of Chief Judge [OCJ] responsibilities; and b) there is no need for case manager inquiry and report; and 2021 Chief Judge’s MB 626 c) a senior MLC judge be appointed by DCJ to enquire and report to Her Honour as per s46(1) Te Ture Wh...

5. Samuels v Matauri X Incorporation - Matauri X Incorporation (2007) 120 Whangarei MB 52 (120 WH 52) [pdf, 9.4 MB]

   ...then shareholders with associations at Pukepoto should also be able to do so. In fact, the Court agreed with Mr Samuels. Nevertheless, I believe his statements, at that point in time, were made at a more general, principled level, rather than in response to a particular concern about any probable development. Discussions about the subdivision were still at a general level. However, they were quickly to become more focussed. [41] Following the Court sitting Mr Gillespie prepared an...

6. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

   ...declare that Water Permits CRC170217 and CRC142894 issued by the Canterbury Regional Council and held by Kilmarnock Farm Limited have been given effect to. B: Costs are reserved. Any application is to be made within twenty (20) working days, response within a further fifteen (15) working days, and a reply within a further five (5) working days. KILMARNOCK FARM LIMITED V CANTERBURY REGIONAL COUNCIL - DECISION 2 REASONS Introduction The application for declarations [1] The...

7. November-draft-2020-Notification-of-Applications-in-Office-of-Chief-Registrar.pdf [pdf, 529 KB]

   1 Notification of applications that remain outstanding in the office of the Chief Registrar, Wellington November 2020 TAKE NOTICE THAT the following schedule of applications, currently held in the Office of the Chief Registrar in Wellington, are hereby notified, pursuant to rules 3.18, 5.3 and 8.2(3) of the Māori Land Court Rules 2011, as being outstanding and have yet to be determined or set down for inquiry or report under section 46 of Te Ture Whenua Māori Act 1993.

8. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...advice given by the MBIE Client Service Advisor to the defendants in correspondence in February 2015 as to their obligations was very explicit. So far as their post-1 April 2016 behaviour is concerned, the defendants should have been aware, as responsible employers, of the new enforcement regimes introduced into the Act. The claims made by the Labour Inspector and the pleadings [12] The plaintiff filed an amended statement of claim in the proceedings filed directly with the Cou...

9. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   ...has come from my connections with a number of sources, including my late father {Hawiki Ranapia Hiha), and through the whakapapa of my ancestors Ngawaimatao Himiona Pairama, Himiona Te Orenui and Hamiora Pateoro. 8. I was one of the kaumatua responsible for preparation of the draft Motiti Island Hapu Management Plan dated August 2012. 9. Motiti Rohe Moana Trust (MRMT) is a s274 party to the Ngati Makino Heritage Trust appeal. I am authorized to provide this evidence on behalf of M...

10. [2022] NZREADT 2 - BX v REAA (28 February 2022) [pdf, 276 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2022] NZREADT 2 Reference No: READT 009/2021 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN BX Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1907) First Respondent AND PAUL TAPPER Second Respondent Hearing on the papers Tribunal: D J Plunkett (Chair) N O’Connor (Member) F Mathieson (Member) Representation: The appellant: S