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1. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...the resolution. This led to an altercation with Mr Taueki and some damage to the building. 1 Rudd Senior v Proctor – Horowhenua 11 (Lake) Trust (2012) 2012 Māori Appellate Court MB 107 (2012 APPEAL 107) 2 Six for, one against, one abstention, and one trustee did not vote due to a conflict. 306 Aotea MB 177 [8] By application dated 2 April 2013 Mr Taueki applied for an urgent interim injunction restraining the Trust from de...

2. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

   ...[111] Counsel for the Māori Trustee (Mr Shaw) correctly points to case law which emphasises the limited basis upon which a court will intervene in the exercise of discretion by a trustee. As Mr Shaw puts it: The Court does not sit as a Court of Appeal on trustees’ decisions. It does not consider the issue for itself and substitute its own decision for that reached by the trustees. Rather the Court looks at how the trustees reach their decision. [112] Mr Shaw argued that the spr...

3. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   ...does not award costs against decision- makers, such as councils, in the absence of special circumstances.17 However, costs’ awards against councils are made more readily in enforcement proceedings and in applications for declarations than in appeals.18 This is because respondents in proceedings may have little choice but to defend its position, and often there is usually a degree of urgency about such applications.19 [27] In Dunedin City v Ross, the court awarded costs against t...

4. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-047 IN THE MATTER of an Appeal under Section 120 Resource Management Act 1991 BETWEEN Blueskin Energy Ltd Appellant AND Dunedin City Council Respondent BRIEF OF EVIDENCE of MARK NELSON BROWN Mark Brown 4, Erne Street Waitati 9085 Ph 482 2833 Email blueskin@xtra.co.nz P.O. Box 63 Waitati 9069 mailto:blueskin@xtra.co.nz 2 Intro...

5. ENVC Matiatia party corresp DMI amended applic out scope 20150130 [pdf, 680 KB]

   ...made: (a) The scope of permissible amendments to an application will depend upon the facts of a particular case, including such environmental impacts as may be rationally perceived by a consent authority;4 (b) Significant changes to a proposal on appeal, including changes which engage different parts of the relevant district plan, are likely to be beyond jurisdiction and involve a fundamentally different proposal;5 (c) Whether the activity for which resource consent is sought, a...

6. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

   ...21 days thereafter. 3. Any response by the Real Estate Agents Authority to the submissions of Mr Waymouth (but strictly in reply) are to be filed within a further seven days. [25] The Tribunal draws to the parties’ attention the right of appeal to the High Court contained in s 116 of the Real Estate Agents Act. DATED at AUCKLAND this 11th day of March 2013 ______________________________ Ms K Davenport Chairperson _____________________________ Ms N Dange...

7. Ministerial briefing: Implementation of the Investment Approach to Justice [pdf, 909 KB]

   ...fixed in legislation in the form of standard benefit payments. To understand the fiscal costs of crime requires understanding the way in which different crimes flow through to the activities in the Justice sector such as investigation, prosecution, appeal, and sentence management, and the costs of these activities. 50. Although this exercise may sound straightforward, it is fairly complex in practice. There are many decision points through the Justice pipeline, and the decisions tak...

8. Reedy - Waitangi A1A1 (2003) 66 Ruatōria MB 48 (66 RUS 48) [pdf, 857 KB]

   ...section 18/93 are less obvious. What I do accept is that there was a will in this case where Tuterangi's intention has been clearly articulated, that there are succession orders giving effect to that intention and that the applicant could have appealed that decision, and or applied to contest the will in the High Court. He has chosen instead to file proceedings of this nature. But that is his right and nothing further can be made of that. The respondents seek to have the application...

9. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

   ...scope of review [64] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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 th...

10. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

    ...will be consulted on the financial contribution provisions and will have the opportunity to make submissions on the proposed financial contribution rules, including the level of contributions proposed, in the Schedule 1 process, with a right of appeal from any decision by the Council on their submissions. [20] For those reasons I accept that giving the proposed financial contribution rules immediate legal effect is necessary to achieve the sustainable management purpose of the RMA...