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1. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   ...the section 32 analysis of the proposed changes given their extent"; and [(c)] "Further ... the Council should be directed to publicly notify the changes so comment is sought and received on each issue". Apparently each of those statements identifies an error of law by this court in the Sixth to Eighth Decisions. The High Court then gave directions as to the future course of the proceedings. [11] In particular Gendall J directed14 that after preparation of amendment...

2. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...seriously arguable a term of six months is reasonable. Geographical scope [56] The restraint provisions in the first and third plaintiffs’ agreements are not restricted in terms of geographical scope. While this issue was raised in the statement of claim as being relevant to the reasonableness or otherwise of the provisions, it was not strongly advanced by Mr Harrison at hearing. [57] It appears that no geographical restriction was contained within the covenants as the...

3. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...filed with that application, indicating that the owners of this block wanted the Trust to continue to administer the block. As part of that administration the Trustees wished to terminate the occupation of the land by Mr Frank Boynton who, it was claimed, has never 5 100 Opotiki 229-232 (100 OPO 229) 38 Waiariki MB 50 paid any consideration for occupying the land. The Court was advised that the house is old and in...

4. Trustees of the Maungatautari 4G Section IV Trust v Maungatautari Ecological Island Trust - Maungatautari No 4G Sec IV [2015] Māori Appellate Court MB 634 (2015 APPEAL 634) [pdf, 314 KB]

   ...undertake the guided tours on a without prejudice save as to a costs basis. [16] Further, while the nature of the arguments was not difficult, the lack of defined and coherent issues being pursued by the appellants, along with the mixture of grounds of claim, submissions and evidence filed, made the proceedings difficult. The appeal lacked substance and was pursued with a lack of realism. It was ultimately withdrawn at the hearing following the Court’s indication of the significan...

5. [2021] NZACC 11 - Murrell v ACC (12 January 2021) [pdf, 229 KB]

   ...pre- employment health questionnaire dated 1 December 2014 to the question “have you had any back injury or pain” the “yes” box is ticked. He also said that he suffered from: Lower back sprain three months ago. [4] Mr Murrell’s ACC claim history records upper/lower back injuries following accidents on 6 January 2003, 22 June 2003, 8 January 2005, 14 June 2006, and 27 August 2010. [5] On 5 April 2016, Mr Murrell, then aged 30, went to his doctor complaining of a bac...

6. Henare v Horowhenua District Council - Hokio A, Part Hokio A and Hokio Maori Township (2013) 310 Aotea MB 292 (310 AOT 292) [pdf, 502 KB]

   ...Submissions [223] Discussion [226] Conclusion [230] Decision [234] 310 Aotea MB 295 Introduction [1] The trustees of the Hokio A Trust (“the Trust”) claim that the land currently vested in them has been affected by accretion. They also say that an area of land taken for what is purportedly a road has been affected by an embayment and was washed away by the sea. The trustees claim tha...

7. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A

8. Taueki v Procter - Horowhenua 11 Lake Block (2020) 415 Aotea MB 1 (415 AOT 1) [pdf, 720 KB]

   ...former trustees applied for an order under s 98C of Te Ture Whenua Māori Act 1993 to restrict the ability of the present applicants, Messrs Taueki and Rudd, from bringing proceedings concerning the conduct of the trustees. Both applicants deny the claims made against them and oppose the orders sought. That application is also dealt with in this judgment. Procedural history [6] Phillip Taueki sought an injunction on 12 June 2018, followed by the inclusion of an application for...

9. OIA-109795.pdf [pdf, 2.3 MB]

   ...and defendant are both requfred to provide extensive details of thefr respectivl cases to the other as follows: • • • • • Prosecution Disclosure to Defence Copy of the indictment Outline of the prosecution case Copies of witness statements Copies of any documents or other exhibits Copies of expe1t witness reports relevant to the case • Copy of any infonnation in prosecutor's possession relevant to reliability or credibility of prosecution witness • Copy...

10. Pomare - Estate of Peter Here Pomare (2015) 103 Taitokerau MB 95 (103 TTK 95) [pdf, 264 KB]

    ...Act”) and, if so, whether any of them are entitled to succeed to Peter’s Māori land interests. I have effectively been asked to consider the position of all the nieces, nephews and grandchildren, although I should make plain that not all of them claim an entitlement. [3] There are a range of views amongst the whānau as to what should happen to Peter’s Māori land interests. During the course of the five hearings I conducted I gave the whānau various opportunities to hui a...