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1. Stephen Brown (dated 6 June 2017) [pdf, 15 MB]

   ...– and the primary coastal ridge behind Makara substantially separated the wind farm’s main receiving 16 environments from that of the adjoining coastline, which the house site sat in. As a result, little of the proposed turbine (since consented and constructed) was exposed to that site. Moreover, the prevailing winds helped to carry noise from the nearest turbine away from that residential property. 38. At Porteous Hill, the distances between the proposed turbine and al...

2. [2020] NZEnvC 158 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council.pdf [pdf, 2.9 MB]

   ...for QLDC dated 10 July 2020, Appendix A. 8 pressures within the Rural Zone and Open Space Recreation Zone ONF/Ls ('Development Pressure Areas', 'DPAs').12 QLDC explains this analysis as focussing on: 13 (a) Areas where consent applications are frequently lodged, whether they are granted or refused; (b) Areas where certain existing activities (including commercial recreation) could be expected to grow over the life of the ODP; (c) Areas that are, or have been...

3. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...clear If the Court seeks to invoke any of the extraordinary powers under s.[280(7)] then the parties and persons affected or likely to be affected are to be given notice and the opportunity to be heard on the matters before the Court. We agree with the statements of principle expressed in the Matiu Rata case, namely, that notice should be given to the persons who may be materially affected by the inquiry. If notice was not given then a person who was materially affected by the decision could w...

4. LJ v Accident Compensation Corporation (personal injury; deemed cover; unreasonable delay) [2025] NZACC 179 [pdf, 257 KB]

   ...may revise a decision deemed by section 58 to have been made in respect of any claim for cover, but may not recover from the claimant any payments made by it, in respect of the claim, before the date of the revision unless the claimant has made statements or provided information to the Corporation that are, in the opinion of the Corporation, intentionally misleading. (3) A revision may— (a) amend the original decision; or (b) revoke the original decision and substitute a ne...

5. [2018] NZEnvC 108 Dromgool v Minister for Land Information [pdf, 4.7 MB]

   ...electricity are permitted activities. The exception applies to certain land identified as Outstanding Landscapes, Outstanding Landscape Features or Outstanding Natural Features. Also, Conservation zoned land, for instance, would require a resource consent for these activities. While in some instances resource consents might be triggered, TEL was confident these would be able to be obtained. This issue was not covered specifically in evidence, and it was not suggested that the propos...

6. LCRO 151/2016 and 157/2016 NS v TD and TD v NS (27 September 2018) [pdf, 325 KB]

   ...the fact of his former representation of her. Mr TD’s application for review [31] In his review application lodged on 6 July 2016, Mr TD seeks the reversal of the finding of unsatisfactory conduct made against him. [32] He submits that the statement he reported from the meeting was “central to the upheld complaint” he had made of conflict of interest. It is correct to say that the Committee used that very material when finding unsatisfactory conduct by Mr NS. [33] Beyond...

7. [2012] NZEmpC 154 NZ Meat Workers Union v AFFCO NZ Ltd [pdf, 83 KB]

   ...explaining the reasons for the oversight in his failure to file submissions in response. There is no need for me to detail the explanation provided. Suffice it to say that it was accepted by the Court and also by counsel for the defendant. By consent, I recalled my judgment of 8 August 2012 and this judgment now stands in its place. Mr Mitchell has filed his submissions in response and the Court has also received further submissions it invited from Mr Malone in reply. I turn now...

8. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...appointed agent or trustees in accordance with section 159; and (f) that, if section 147A applies to the alienation, the alienating owners have discharged the obligations in that section. (2) Before granting confirmation, the court may, with the consent of the parties, vary the terms of the instrument of alienation or resolution. (3) The Maori Land Court may confirm an alienation to a person of any Maori freehold land that is, or is part of, an overseas investment in sensitive...

9. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...which restores this Court’s probate jurisdiction and the ability to hear challenges to Wills where a claim concerns Māori freehold land. There may be some sense in exploring with the parties whether both sets of proceedings can be transferred by consent to this Court for procedural convenience and with an eye to the costs of the parties. That is a matter for the litigants in both Courts to consider with their respective advisers. [21] Moreover, the Whiritoa lands are administered...

10. [2015] NZEmpC 193 The Cabinet Place Ltd v Kubesch [pdf, 171 KB]

    ...evidence, either by way of interpolation during Mr Kubesch’s evidence or following it. I indicated to Mr Baumann that I would only allow a witness’s evidence to be interpolated during or at the completion of Mr Kubesch’s evidence if Mr Kubesch consented. He did not consent. Indeed Mr Kubesch’s evidence was also completed prior to the end of the first day of hearing and closing submissions were also able to be completed on that day. It had been made plain to Mr Baumann tha...