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...258 6 4 Horowhenua 11 : the tribal heartland 264 6 4 1 The partition hearing, 1890 264 6 4 2 First appeals to the Crown for a remedy 265 6 4 3 A rehearing is granted and held, 1890–91 267 6 4 4 Second appeal to the Crown for a remedy, 1891...
...minimum flow and allocation limits for some of the larger catchments (e.g. the Taieri, upper Manuherekia, Luggate, and Pomahaka). The most recent of the plan changes (PC5A - Lindis: Integrated water management) was notified in 2013 and is still under appeal in the Environment Court where appellants have disputed its proposed minimum flow limit. 13 Another plan change (PC6A) on water quality became operative in 2014 but also provided for a deferment of the rules for limiting n...
...and would be deeply damaging to the public interest. 19 Professor Grant Huscroft [89] Professor Grant Huscroft, then a tenured professor of law at the University of Western Ontario in London, Ontario, Canada, but now of the Ontario Court of Appeal, gave expert opinion evidence by AVL on five issues relating to s 61 of the HRA and its interaction with the New Zealand Bill of Rights Act 1990. Those issues, as formulated by the solicitors for Fairfax were: [89.1] What does the rig...
NATURE PRESERVATION TRUSTEE LIMITED v QLDC – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 141 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN NATURE PRESERVATION TRUSTEE LIMITED (ENV-2022-CHC-42) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Chr...
...of his or her trust (whether by way of injunction or otherwise). [47] It is well established that the supervisory powers of this Court in relation to trusts are extensive. In Proprietors of Mangakino Township v Māori Land Court the Court of Appeal commented: 30 [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our view impossible to see any bright line between matt...
...any of the actual building work on any of the parts that now leak. He was a director dealing with the company’s business. 8.4.3 Mr Cogswell submits that the leading case on the assumption of personal liability by directors is the Court of Appeal in Trevor Ivory v Anderson [1992] 2 NZLR 517. This case sets out the test to determine whether a director should be seen to have assumed an actual or imputed duty of care to other persons. I accept that I should use Trevor Ivory as...
...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.6 Subsequently, the Court of Appeal in A Ltd v H discussed s 103A and observed:7 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, t...
...parties, if necessary to fulfil its functions. The provision would include an offence for failure to comply with a notice without reasonable excuse. The offence of failure to comply with a notice would be heard in the District Court, with right of appeal to the High Court. The penalty would be a maximum fine of $10,000 for an individual and $20,000 for a body corporate. The limit for an individual would align with maximum fines in other occupational regulatory regimes for similar offending,...
...matter of doubt, which if it exists means that the court should lean towards the owner as may be justified by the evidence, but on fairly generous rather than niggardly terms. [footnote omitted] 17 [36] The claimant in Flath sought leave to appeal to the Court of Appeal. Leave was declined in terms that do not impact the statements of the law set out above.9 Liberality [37] The principle of liberality referred to in Speedy as quoted above and Flath was discussed in Auckland...
...Settlement of Treaty of Waitangi Claims, Office of Treaty Settlements, December 1994, p 6 2. For a collation of some of the main statements of Treaty principles by the Tribunal and the higher courts, see vol ii, app i. Executive Summaryes .2 2 Court of Appeal in New Zealand Maori Council v Attorney-General in 1987. On the principles of the Treaty, the president of the court, Justice Robin Cooke, said that: (a) ‘[T]he Queen was to govern and the Maoris were to be her subjects; in return...