Search Results

1. Outstanding Applications March 2020 [pdf, 447 KB]

   ...1977 - Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405- 407 and 92 WHK 250-251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kukeme...

2. Outstanding Applications April 2020 [pdf, 479 KB]

   ...1977 - Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405- 407 and 92 WHK 250-251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kukeme...

3. LCRO 369/2013 WS v AD (29 August 2017) [pdf, 334 KB]

   ...counsel, Mr AD indicated that he relied upon all of the material provided to the Complaints Service.27 26 At [46]. 27 Letter from U to LCRO (4 February 2014). 17 Nature and scope of review [101] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:28 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The o...

4. November 2019 Outstanding Applications [pdf, 663 KB]

   ...1977 - Application to the Chief Judge A20120015167 45/93 Mohi Wiremu Hotene CJ 2013/4 - Paratene Mita Hotene - and orders dated 1 September 1998 and 28 January 2000 at 90 WHK 405- 407 and 92 WHK 250-251 - Application to the Chief Judge A20130001014 45/93 Lynette Hatton, Jeanette Fifield CJ2013/3 - Mere Porotene – and succession orders made at 6 ADWG 312 dated 12 March 1990 - Application to the Chief Judge A20130001429 45/93 Rochel Nathan CJ 2013/6 - Richard Himiona Kukeme...

5. [2017] NZEnvC 180 Ngai te hapu Incorporated v Bay of Plenty Regional Council [pdf, 1.4 MB]

   ...Court as being in dispute but not suspended were discussed at [36] and [37] of the decision as follows: [36] Although 8.3 is of concern to the Court, it can operate in the meantime and this is not suspended. Similarly, other provisions such as 10.1(c) and 10.12 may still be disputed but they can operate in the interim without negative impact on the consent as a whole. [37] Finally, condition 17 may be altered by the Court depending on its conclusion on bow section removal. This wi...

6. Findlay v Auckland City Council [pdf, 108 KB]

   ...equation is eliminated...” 13 See Kenny v Dunedin City Corporation [1920] NZLR 513 (CA) and Goldstine v R [1947] NZLR 588 (CA). 14 (29 March 2007)HC, Auckland, CIV 2006-404-002589 (HC). Page 29 [101] Contributory negligence does not depend on a breach of duty. Contributory negligence is a person’s carelessness in looking after their own safety. [102] A person is contributorily negligent if that person ought to reasonabl...

7. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...On 25 February 2021, Mr Apirana Henderson advised the Court that he would not attend the teleconference and that he would rather go to a formal court hearing. He also confirmed that Woodward Chrisp no longer acted for him and the trustees. 2 101 Tairāwhiti MB 49-50 (101 TRW 49-50). 110 Tairawhiti MB 244 [11] A further adjournment of this matter was granted on 5 July 2021 at the request of newly instructed counsel for the respondent, Mr Kahukiwa. Te Tono ki te Kooti Th...

8. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...bargaining for a collective agreement, and second, whether the intended strike action could be said to be not unlawful. Legal framework [65] In analysing the legislative framework interpretation issues arise. [66] The Legislation Act 2019, s 10(1) requires the Court to ascertain the meaning of legislation from its text and in light of its purpose and context. The Supreme Court, referring to the former, similarly worded, provision, wrote:9 The meaning of an enactment must...

9. [2019] NZEnvC 115 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 17 MB]

   ...potential vectors are foot traffic and vehicle movements. However, there are a range of strategies employed on vineyards with exposure to this risk, including washing of boots in chlorine, wearing overclothing, and heat cleansing of machinery.66 [101] On the evidence, we find that any risk of phylloxera infection associated with having residents living on the Site is so small and remote as to not warrant any resource management response. (iii) Risks to residents' health from...

10. 2023-10-17-WK-Opening-legal-submissions.pdf [pdf, 604 KB]

    ...the construction of the EWA and strategic cycleways, but 86 As discussed in the EIC of Grant Eccles at [73]. 87 EIC of Lonnie Dalzell at [135]. 88 Reporting memorandum of counsel for JML dated 11 October 2023. 89 Evidence of Helen Anderson at [101]-[102]. BF\64389932\1 Page 22 considers it is for Waka Kotahi to propose any condition.90 For the avoidance of doubt, Waka Kotahi does not propose such an 'enabling' condition. Ongoing access arrangements 81. Appropr...