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1. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF NEPIA RANAPIA ON BEHALF OF MOTITI ROHE MOANA TRUST 25th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Customs St East Bri...

2. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 (309 WAR 197) [pdf, 459 KB]

   ...him by Moehuarahi. In 2007 Tui applies to the Chief Judge under s 45 to review the 1995 orders. In 2017 Tui amends her original s 45 application by adding a cause of action and prayer for relief under the FPA. [25] After a series of subsequent appeals, and rehearings, in 2021 the Chief Judge orders that the 1995 orders are cancelled, to the extent that they concern Moehuarahi’s whenua Māori. [26] In August 2022 Tui died testate. Probate has not been sought. [27] In December...

3. Regulatory Impact Assessment relating to a cannabis regulatory model [pdf, 7.6 MB]

   ...existed prior to legalisation.6 • These risks could be mitigated through enhanced public education to ensure people are well informed of the risks from cannabis use. Advertising of products could be prohibited and products that are particularly appealing for new users could be restricted. Normalisation of cannabis use • The risk that the proposed regulatory model would normalise cannabis use is low given cannabis use would be prohibited in public. As such, cannabis use would n...

4. August 2018 outstanding applicatrions [pdf, 388 KB]

   ...05/12/13 - Application to the Chief Judge A20180004454 58/93 Ngati Kawa Aramiha Taituha Te Tii A Maori Reservation (Waitangi Marae) - and an inquiry into administration of a rservation made at 173 Taitokerau MB 245 on 29 May 2018 - Appeal A20180004493 45/93 Ripeka Brightwell Roera Rangi or Rangi Roera or Roera Te Heke-tanga - and succession orders made at 10 Taranaki MB 174 (13/06/1904), 10 Taranaki MB 138 (12/10/1906) and Wellington Appellate MB no 1 p.133 (1...

5. Dixon - Succession to Hare Manukau [2021] Chief Judges MB 887 (2021 CJ 887) [pdf, 942 KB]

   ...the orders made. Reference to areas of difficulty 29. Sections 48(1) and (2) of the 1993 Act states: 48 Matters already finalised or pending (1) No order made by the Chief Judge under section 44, or made by the Appellate Court on appeal from any such order, shall take away or affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. (2) No payment made in good faith pursua...

6. LCRO 24/2023 RD v KE and PS (5 September 2023) [pdf, 329 KB]

   ...scope of review [102] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. Abraham v Auckland City Council [pdf, 111 KB]

   ...subsequent owners, in particular regarding the issue of building consents, the carrying out of inspections (if the Council has done the inspections), and the issue of a Code Compliance Certificate. This principle was established by the Court of Appeal in Invercargill City Council v Hamlin [1994] 3 NZLR 513, and confirmed most recently in Dicks v Hobson Swan Construction Ltd & Ors, High Court Auckland, CIV 2004-404-1065, 22 December 2006 (Baragwanath J). [45] Here counsel for...

8. Measuring reoffending with court data: proposed tier 1 specification [pdf, 750 KB]

   ...Furthermore, the current measure is being designed as part of a group of measures where Police already plan to handle earlier parts of the offending process through measuring apprehensions. Using Charge_laid_date definitely has some conceptual appeal because it captures all subsequent re-offending after initial contact with the court system (and so will capture re- 9 These terms taken from Ministry of Justice [UK] (2011)....

9. Cao v Tony Tay and Associates Ltd (in liq) [2010] NZWHT Auckland 26 [pdf, 270 KB]

   ...have also applied for general damages of $50,000 or $25,000 each. Whilst there has been some debate as to whether damages should be awarded on a per dwelling or per owner basis Ellis J concluded in Findlay Family Trust9 that the Byron Avenue10 appeal confirmed the availability of generally damages in leaky building cases in general was $25,000 per dwelling for owner occupiers. Ms Tao and Mr Cao have both suffered considerable stress and difficulty as a result of having a leaky...

10. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

    ...generally – though not always – a quicker, cheaper alternative to a court process and allows parties to tailor the process to their particular dispute and does not necessarily require legal representation. 54 Generally, arbitral decisions cannot be appealed or reviewed in full and are final and binding. This avoids the costly and time-consuming appeals process that may occur in normal civil litigation. The scope of the grounds for an appeal are very limited unless the parties agree o...