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1. Taueki v The Trustees of Horowhenua 11 (Lake) Trust (2011) 274 Aotea MB 191 (274 AOT 191) [pdf, 107 KB]

   ...Horowhenua Trust including the trust order and the recent meeting of beneficiaries. Those issues are also considered in this decision as they are directly connected to the earlier application for injunction. [4] At my suggestion the parties consented to an out of Court discussion in an effort to find a solution which would not require any further adjudication by the Court. Those efforts did not unfortunately uncover a pathway to resolution. Submissions for Horizons [5] Mr Hall...

2. LCRO 008/2016 VZ v NK (4 December 2018) [pdf, 212 KB]

   ...vendor six months from the date of the variation.5 [31] Mr and Mrs VZ argue they did not take the step of cancelling the Agreement because they were advised by Ms NK that the sale could proceed in due course. This is somewhat at odds with their statements at the review hearing that they were adamant they did not want to buy Maori land. If this was their conviction, and instructions, then it would be expected they would have taken the first opportunity to cancel the Agreement. [3...

3. Edwards v Ross - Waikite 3A (2023) 293 Waiariki MB 110 (293 WAR 110) [pdf, 262 KB]

   ...has been living on the land for over seven years, and his mother was the sole occupant from the late 1980s. He assisted his mother in clearing the land, and has invested time, money and effort into maintaining the land. Many people have provided statements in support of Jimmy, confirming his hard work, passion and commitment to both his community and his marae. It is unfortunate that the whānau, including Jimmy, did not resolve the issue of utilisation outside of a court process. I d...

4. [2024] NZEnvC 205 Rosemarke Investments Ltd v Auckland Council [pdf, 278 KB]

   ...and legal submissions contained assertions that were unsupported by evidence; for example that there was an ‘abuse of process’, references to non-statutory matters and the Council’s refusal to engage with Rosemarke. [8] It asserted that statements made by Rosemarke were in direct contradiction to the evidence. For the Council, Ms Russ said that responding to Rosemarke’s allegations involved considerable research to double-check the facts and present its case. While the app...

5. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...Constitution.” Essentially he had concerns that the process of deciding to lease and sell was flawed by reason of a number of alleged irregularities. Waipakuranui Incorporation AGM 2008 [5] In support of his application, Mr Marumaru filed a statement dated 24 November 2009, claiming that at an AGM on 22 November 2008, shareholders were informed of a number of options for the future farming of the lands. They were also advised of a number of scenarios that the Committee of Man...

6. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...Shaws. The sole appeal was received from a directly affected landowner on a site-specific severance matter, not in relation to the East-West Minor Arterial alignment that affects the Shaw property. That appeal was resolved through mediation and a consent order. The Southern Links NOR was then confirmed and included in the Hamilton City District Plan (Proposed and Operative) as designation reference A106 on 9 March 2016, with a 20-year lapse period.21 Funding arrangements H...

7. Appendix 1 - Brief for worked examples [pdf, 123 KB]

   22 Expert Witness Caucusing Conference & Joint Witness Statement APPENDIX 1 In terms of a worked example (see paragraph 28 of draft agenda) the witnesses are asked to consider the following scenario example, and consider the questions noted in relation to the drafting of the controlled and restricted discretionary activity rules: Consider a property that was: • irrigated by border dyke methods up to 2019, and in respect of which good wate...

8. 2023-07-17-DR-NZTA-Waka-Kotahi-O2NL-Minute.pdf [pdf, 497 KB]

   ...possible as to the Court’s present intentions.   [2] I understand that in general terms the further timetable will propose identical dates to those proposed earlier. Commissioner Buchanan advises that the deadline for filing of “will say” statements by s 274 parties will be two working days prior to commencement of the relevant expert witness conference. A schedule of expert witnesses conferencing dates will issue in the next day or so.  2 [3] I have been advised by the...

9. [2015] NZSSAA 001 (13 February) [pdf, 35 KB]

   ...her assets. [20] We have also had regard to whether the Ministry should be seeking recovery from XXXX. The appellant and XXXX indemnified each other against any claim against each of them by Work and Income New Zealand for overpayments in the consent orders made in the District Court under the Relationship Property Act. Having specifically dealt with that issue in the Relationship Property settlement, that is the end of the matter. If the appellant wishes to rescind the indemnity sh...

10. EIC-Siobhan-Karaitiana-Rangitane-o-Manawatu.pdf [pdf, 227 KB]

    ...WELLINGTON REGISTRY I MUA I TE KŌTI TAIAO O AOTEAROA TE WHANGANUI-Ā-TARA ROHE ENV-2020-WLG-00014 UNDER the Resource Management Act 1991 IN THE MATTER OF a notice of motion under section 87G of the Act seeking the grant of resource consents to Waka Kotahi NZ Transport Agency for Te Ahu a Turanga: Manawatū-Tararua Highway STATEMENT OF EVIDENCE OF SIOBHAN ALANA KARAITIANA REPRESENTING RANGITĀNE O MANAWATŪ 7 July 2020 TABLE...