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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 PHILLIP MURRAY JUDD (NAVIGATION CONGESTION AND BOATING USE IN MATIAITIA BAY) ON BEHALF OF DIRECTION...
...XXXX’s case as presented by Mr Howell proceeded on the basis that XXXX’s firewood usage was six cords a year, whereas the Ministry has eventually agreed to four cords being appropriate which Mr Howell argued was insufficient. Having regard to his statement in the Notice of Appeal that the desired outcome “is that the DA related costs be accurately measured” the Authority was somewhat surprised to find that no accurate particulars of the purchase of wood or usage were provided by...
...she states, “I never wanted anything to do with my husband Trevor James Davis/Rewi’s lands.” This does not amount to a surrender of the life interest in satisfaction of s 109(3) of the Act. Iris Tuiono was aware of the shortcomings of the statement and subsequently she and some of her siblings made two further approaches to Joanna Davis for her to confirm that she wished to surrender her life interest. She declined to do so. (I note that I have not heard directly from Joanna...
................................................................ 8 BACKGROUND [1] The claimants are the owners of 3A Cromarty Place, Papakowhai Porirua. There is no dispute that it is a leaky home. The house was built in 1997-98. Building consent was issued on 9 June 1997 and a Code Compliance Certificate issued on 18 May 1998. [2] The first respondent, MacDee MacLennan Construction Limited and the Second respondent, Duncan MacLennan were respectively the builder a...
...respondent Paul A Crosswell Ltd (the builder) entered into an agreement for the construction of alterations. [4] Careys Joinery Limited (the joiner), the second respondent, contracted with the builder for the supply of joinery. [5] Building consent was applied for and issued on 19 March 2003. [6] The application for an assessor’s report was made on 11 April 2006.1 [7] The Code Compliance Certificate has not yet been issued. [8] The claimants moved back into...
...represent everybody. • Legislation for Māori representation – A few speakers said the Crown should legislate Māori seats in local government and for statutory boards. Many speakers said it is not right for the government to pass laws without the consent of Māori. One attendee thought all Māori should be encouraged to enrol on Māori Electoral Roll and participate fully in elections. • Engaging non-Māori too - Pākehā buy-in to building the relationship is important. How do...
...represent everybody. • Legislation for Māori representation – A few speakers said the Crown should legislate Māori seats in local government and for statutory boards. Many speakers said it is not right for the government to pass laws without the consent of Māori. One attendee thought all Māori should be encouraged to enrol on Māori Electoral Roll and participate fully in elections. • Engaging non-Māori too - Pākehā buy-in to building the relationship is important. How do...
...by the status of the land as Māori freehold land. The applicants also underscore that the application is being made “to enable us to sell the property on the open market.” [13] Mr and Mrs Baird also submit that, contrary to the previous statement, that when the status of the land was confirmed as Māori freehold land in 2008 that they were not consulted or had been made aware of that determination. If they had, then they say that they would have made representations to the...
...The Claim [4] The current claims made by the applicants against Westpac are founded on the tort of breach of fiduciary duty. In reply to Westpac’s submissions, counsel Mr Tupara has indicated that the applicants also intend to amend their statement of claim to include breach of contract as an additional cause of action. [5] It is undisputed that Westpac holds a bank account in the name of the Waipahihi 4H(Part) Ahu Whenua Trust. However, no lending was advanced or security t...
...accepted Mr BD’s instructions, and payment in advance. He supplied her with some information, and she provided her opinion on the prospects of a successful prosecution based on that information. Ms FG’s opinion did not include the definitive statement that a criminal offence had been committed that Mr BD had hoped for. [5] Mr BD was unable to accept Ms FG’s opinion. A series of emails followed in which Mr BD and Ms FG discussed various facts, and her opinion. Ms FG attem...