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1. Hutcheson v Clarkson - Mangamaire B No 2 Block (2020) 86 Takitimu MB 283 (86 TKT-283) [pdf, 379 KB]

   ...been misleading or inaccurate and which was certainly incomplete. The limitations restricted Mr Francois’ ability to report adequately as he did not have all the facts and information relevant to his enquiries. [26] Regarding the financial statements, Mr Francois received financial accounts for the years ended March 2013 to March 2016 and had communications with the trust’s accountant. The report noted the information provided by the accountant was disappointing and there were...

2. Steedman v Steedman – Owhaoko D6 Section 3 (2012) 20 Takitimu MB 230 (20 TKT 230) [pdf, 155 KB]

   ...time and that reluctantly the trustees considered that eventual sale of the land was likely to be the preferred option for the beneficiaries. [10] Ms Bennett submitted that the objectors had previously supported the variation and produced signed statements to that effect which were not denied by the objectors. This demonstrated, she argued, that there had been near unanimity for the proposal. For some reason that support had now fallen away from the two objectors but even so the vas...

3. ENVC Hearing 6Oct14 DM local John Alexander [pdf, 141 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF JOHN ALEXANDER (FUEL SERVICES – TRAFFIC – SAFE HARBOUR) ON BEHALF OF DIRECTION MATIATIA INCORPOR...

4. V v B LCRO 33 / 2009 (21 April 2009) [pdf, 22 KB]

   ...been necessary. Given the fact that I have found that the obligation to pay was clear it is appropriate that an order for costs be made against him. I take into account the fact that this was a relatively straightforward matter, and that (with the consent of the parties) this matter was disposed of on the papers. In light of this, and in light of the amount at stake, the costs orders I make are for a contribution and do not seek to recover all of the costs and expenses incurred in t...

5. Horticulture New Zealand.pdf [pdf, 183 KB]

   ...provides an analysis of two areas of land – 716ha and 2,038ha. The evidence of Stuart Easton demonstrates that in both situations, there is negligible increase in N leaching and benefits gained in sediment, E.Coli and phosphorus. HortNZ’s Industry Statements outline the importance of fresh fruit and vegetables and the need to enable limited CVP expansion in order to feed local communities. Rule 3.11.4.5 Insert new clauses in rule 3.11.4.5(5)(b) to read: iii. demonstrating a ge...

6. Director-General of Conservation 102 [pdf, 138 KB]

   ...Director-General opposes the deletion of paragraph d) on the basis that all lakes of the regions should be captured by this policy as many of them are in need of significant improvements. Managing the input of nutrients through regulation and consenting is an important method of contributing to these improvements. 8.7. Policy 2 - The Director-General considers that stock exclusion and riparian buffers are important and effective measures which can achieve significant reduct...

7. [2021] NZEmpC 171 Hope v Attorney-General [pdf, 195 KB]

   ...a litigation guardian to be appointed. [10] The question then becomes who should be appointed? A litigation guardian must be able to discharge their duties fairly and competently; not have any adverse interests to those of the minor; and must consent to being appointed in that capacity.8 [11] The requirements of being able to act fairly and not have any adverse interests are particularly important. As I have said, there have been serious inferences made by both sides about the pre...

8. [2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service [pdf, 191 KB]

   ...resolution is likely to be assisted by a full understanding of the facts and can conveniently be dealt with at the hearing. [13] I direct that the Official Assignee is to be joined as second defendant. The plaintiff is to file and serve an amended statement of claim within five working days of the date of this judgment. [14] Costs are reserved. I record that counsel for the plaintiff has indicated that costs on this application will be sought against Customs.

9. 28072025-Public-Service-Amendment-Bill.pdf [pdf, 245 KB]

   ...[2013] 3 NZLR 729. 7 See, for example McAlister v Air New Zealand [2009] NZSC 78, [2010] 1 NZLR 153 at [40] per Elias CJ, Blanchard and Wilson JJ. o Clause 34 - matters that may be addressed by the content of Government workforce policy statements (s 97(2)(e)), and o Clause 38 - the content of the Public Service Commissioner’s state of the public service briefing (Sch 3, cl 16(4)(a)(v)). 18. We have considered whether the removal of requirements in relation to diversity...

10. [2022] NZEnvC 212 Kristin School Charitable Trust v Auckland Council [pdf, 7.3 MB]

    ...GROUP LIMITED Applicant Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Date of Order: 20 October 2022 Date of Issue: 20 October 2022 _________________________________________________________________ CONSENT DETERMINATION _________________________________________________________________ A: Under section 279(1)(b) of the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subject to...