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1. Rudd - Horowhenua 11 Part Reservation Trust and Horowhenua 11 Lake (2018) 390 Aotea 31 (390 AOT 31) [pdf, 181 KB]

   ...2 New Zealand Herald ‘Planting at Sediment Trap good for Lake Horowhenua’ 18 July 2018 390 Aotea MB 34 of Te Ture Whenua Māori Act 1993 the trustees are directed to provided responses to those questions as set out in counsels’ memorandum within one month from the date of this decision. [12] Regarding the injunction, Mr Sword, the trust chairman, says that all works complained of have ceased. Mr Watson submi

2. [2021] NZEnvC 074 Greenarces Waiheke Limited v Auckland Council [pdf, 2.2 MB]

   ...Greenacres to comply with the abatement notice in the meantime, and in particular, pending the outcome of mediation. Other matters [27] I do not consider there is any need to hear further from the appellant or the Council. The documents filed and responses to the Court's inquiries are sufficient to inform me of the relevant circumstances. Decision [28] It is appropriate that only a limited period of time be allowed for the stay, given the issues raised in the abatement noti...

3. [2019] NZEmpC 116 Watts & Hughes Construction Ltd v de Buyzer [pdf, 235 KB]

   ...misrepresentation caused its loss. [27] On the evidence presented, that is not the case here. Watts & Hughes elected to engage a recruitment agent to assist it to fill the role it had available, and incurred a fee for that. Mr de Buyzer is not responsible for that choice. The fee did not flow from any alleged misrepresentation. Mr de Buyzer then undertook work for Watts & Hughes in accordance with his employment agreement, until Watts & Hughes chose to end the em...

4. Taku - Torere 64 Inc (2018) 204 Waiariki MB 115 (204 WAR 115) [pdf, 262 KB]

   ...of the Torere 64 Incorporation.1 During those proceedings, the Court requested an explanation as to why the Annual General Meeting (“AGM”) of the Incorporation for 2018 had been postponed. The present application was subsequently filed in response which addresses the reasons for delaying the AGM. Ngā āhuatanga o te tono - The basis of the application [4] Mr Bidois, as counsel for the Incorporation, submitted that the purpose of the application was to obtain directions for...

5. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...Accordingly, Ms Bailey and those supporting her stance, said that this was a conflict of interest that would hinder Ms Deeley from carrying out her duties as a trustee. [3] On 27 August 2021, Ms Deeley wrote to the case manager setting out a detailed response underscoring that, should the issue of the homestead arise, then she would declare any conflict and not participate in the discussion. [4] At the hearing on 12 October last, Ms Bailey made further submissions in opposition to...

6. B Tarrant Memo Chief Coroner 02-11-21-V2 [pdf, 114 KB]

   ...undoubtedly deserved in the current circumstances. 19. This is a poor start to a coronial inquiry, attempting to render Mr Tarrant a non-person. It is not equal protection and equal treatment before the law, well-respected common law norms. 20. This response does not come from “the Individual”. Obviously, it comes from 2 Ibid. 4 Mr Tarrant. 21. Whilst, the Prime Minister, in a Ministerial statement on 19 March 2019, said: There is one person at the centre of thi...

7. 2021-07-30 ORC - Legal submissions - reply on pORPS [pdf, 132 KB]

   ...Solicitor: P A C Maw / M A Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: 1 These reply legal submissions are filed on behalf of the Otago Regional Council (ORC or Council) in response to the direction of the Court for the Council to file legal submissions in reply to the submissions of interested parties on the proposed Otago Regional Policy Statement (pORPS).1 2 These submissions are structured to address...

8. Nicholas v Official Assignee - Lot 6 Deposited Plan South Auckland 34349 [2021] Maori Appellate Court MB 312 (2021 APPEAL 312) [pdf, 234 KB]

   ...kōrero Introduction [1] This appeal was heard on 12 February 2021, with our reserve judgment of 17 June 2021 dismissing the appeal. Counsel for the Official Assignee was directed to file submissions on costs, which were filed on 16 July 2021. A response was received from Whakaue ki Maketū Māori Incorporation on 22 July 2021. Ngā take Issues [2] The first issue for determination is whether the Court should make an award of costs against the appellants, and if so, how mu...

9. 2021-05-24 Chapter 10 of Regulatory Impact Analysis - Action for healthy waterways - Part II [pdf, 602 KB]

   ...In response to submitter concerns about the equity of providing for an exception to hydroelectricity generation, we think it appropriate to remove the Waikaremoana Scheme from the list of schemes identified in the NPS-FM. The Waikaremoana Scheme is responsible for approximately 3% of hydroelectric generation. If it is removed, the five remaining schemes listed in the NPS-FM represent We are not aware of any evidence demonstrating the water bodies affected by the Waikaremoana Scheme hav...

10. RT Ltd v LC [2020] NZDT 1413 (27 July 2020) [pdf, 193 KB]

    ...come back to take photos of the clamp on the ground. I find it very unlikely that a random stranger would forcibly remove the clamp from LC’s vehicle. For these reasons, I find it is most likely that either LC removed the clamp himself or he was responsible for arranging the removal of the clamp and in the process of doing so caused damage to the clamp. CI0301_CIV_DCDT_Order Page 3 of 4 Is RT Ltd entitled to claim debt collection fees and an administration fee? 13. A con...