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  1. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

    ...consequence of it being a leaky building. Proof of such damage then provides the adjudicator with jurisdiction to determine issues of liability (if any) of other parties to the claim and remedies in relation to such liability... [66] The Court of Appeal in Byron Avenue3 accepted that the Council owed a duty of care in its inspection even before the final inspection and issuing a Code Compliance Certificate. It stated: [59] ...I consider that the Hamlin principle imposes on...

  2. [2024] NZEnvC 284 Director-General of Conservation v Northland Regional Council [pdf, 16 MB]

    ...Director-General of Conservation v Northland Regional Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision [2024] NZEnvC 284 IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF an appeal against a decision granting resource consent application for taking groundwater from various aquifer sub- units of the Aupōuri Aquifer, Northland BETWEEN DIRECTOR-GENERAL OF CONSERVATION (ENV-2021-AKL-129) Appellant...

  3. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

    ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

  4. 2021-05-24 NPSREG Implementation Guide [pdf, 455 KB]

    ...presently being applied by local authorities to the management of REG activities. The Ministry for the Environment recognises that provisions in ‘proposed’ policies and plans may be deleted or altered as a result of input from submitters or an appeal to better achieve the purpose of the RMA. Consequently, the references and links to proposed documents will be updated as provisions are refined through the hearings and appeals process. 32 National Policy Statement for Renewable...

  5. LCRO 239/2020 DP v FJ obo RK (25 June 2021) [pdf, 356 KB]

    ...scope of review [58] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:18 … 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...

  6. OIA-109706-v2.pdf [pdf, 6.4 MB]

    ...the 7th World Congress on Family Law and Children’s Rights, Dublin, June 2017). 10 There are further opportunities for children to participate in private law disputes. Under the COCA 2004 children can bring an application to vary, discharge or appeal parenting orders (ss 46A-46C, 56, 143) and review decisions of their parents to refuse or consent to certain decisions (ss 46A, 46B, 46C). 11 Care of Children Act 2004, s 7. 12 The court also must take into account whether the report i...

  7. LCRO 155/2023 DU v KQ (8 April 2025) [pdf, 358 KB]

    ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...

  8. 2021-07-05 Transcript (up until1.30pm of day 39).pdf [pdf, 1.9 MB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH ENV-2020-CHC-127 IN THE MATTER OF AND The Resource Management Act 1991 Of a notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 28 June 2021 held in Dunedin Court: Environm

  9. Waitangi Tribunal - Poverty Bay [pdf, 4.2 MB]

    Rangahaua Whanui Dis t r ic t 5b POVERTY BAY SIÂN DALY February 1997 Working Paper : Firs t Release WA I T A N G I TR I B U N A L R A N G A H A U A W H A N U I S E R I E S Other Rangahaua Whanui reports District reports District 1: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmith Distri

  10. MLC 2019 May National Panui [pdf, 356 KB]

    ...South Island MB 54-55 (21/1/1970), 46 South Island MB 232-233 (21/5/1970), 46 South Island MB 254 (20/5/1970) and 45 South Island MB 16-19 (23/5/1969) - Application to the Chief Judge A20190002966 58/93 Bruce Anderson Bamber, Kathleen Mata Bamber Appeal 2019/5 - Tahorakuri A No 1 Section 33A2 Block - against a reserved judgment made on 22 February 2017 at 157 Waiariki MB 173-176 - Notice of appeal and to appeal out of time A20190003142 45/93 Joyce Ruland CJ 2019/6 - Estate of Marsh...