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1. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   CLAIM NO: 00939 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN MICHAEL DAVID SHEPHERD, FIONNA MOANA ANNE BELL and TODD WILLIAM HUNTER as Trustees of the Bell Shepherd Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (

2. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...the custodians of propel1y belonging to others, have a principal duty of protecting the trust capital so that an income may be derived for the beneficiaries into the filture. In the case JiJ re J.f;JJJ"tely (1886) 33 Ch D 347 the Court of Appeal held that a trustee should take such care as an ordinary prudent person would take if minded to make an investment for the benefit of others whom the trustee felt morally bound to provide. Subsequently the House of Lords underscored an...

3. [2023] NZEnvC 058 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 2.1 MB]

   QTN PDP – TOPIC 18 UCESI v QLDC - DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 58 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED AND OTHERS (ENV-2018-CHC-56) (and all the appellants allocated to Topic 18) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court:...

4. Sexual violence attrition and progression report [pdf, 762 KB]

   ...perpetrator received another type of sentence (‘monetary, deferment or other’) as their most serious sentence.15 In some instances (7% of convictions) the perpetrator had been convicted but was awaiting sentencing or their imposed sentence was being appealed. Once sentencing has occurred we would expect the proportion with imprisonment (or another type of sentence) to increase. 14 A charge can be dismissed, discharged or withdrawn at various stages through a court case, but unfortu...

5. Ministry-of-Justice-Panui-September-2020- [pdf, 474 KB]

   ...date of this Pänui and are yet to be considered by a Registrar or Judge APPLICATION NO: SECTION: APPLICANT: SUBJECT: A20200005761 58/93 Eric Thomas Hirau Walters, Aperahama Withers, Steven Kori Trevelyan, Michelle Hurae Valiantina Satchell Appeal 2020/4 - Oruanui 9 Block and Part Oruanui 10 Block, Lot 1 Deposited Plan 471989 and Lot 2 Deposited Plan 471989 (General Lands) - and orders made at 232 Waiariki MB 212-238 on 29 April 2020 - Notice of Appeal A20200005803 45/93 Neil Ba...

6. Hammond v Credit Union Baywide [2015] NZHRRT 6 [pdf, 265 KB]

   ...and thereby access Ms Hammond’s page so a copy of the photograph could be taken. Ms Edmondson replied she did not feel comfortable doing this. Ms Alexandra explained what Ms Hammond had done was wrong, that Baywide did not deserve such abuse and appealed to Ms Edmondson’s “leadership skills and good judgment”. [83] Ms Alexandra acknowledges that Ms Edmondson was “hesitant and not particularly forthcoming”. Ms Alexandra told Ms Edmondson the situation nevertheless had to be...

7. 2023-10-17-WK-Opening-legal-submissions.pdf [pdf, 604 KB]

   ...per Simons Hill Station Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2014] NZHC 1362, [2014] NZRMA 501, noting of course that was not a direct referral and related to very different facts and issue of appellants being able to appeal on another submitter's issues. 178 See also AFFCO NZ Ltd v Far North District Council (1994) 1B ELRNZ 101 (PT) at 113 – 114. 179 Rebuttal of Jack McConchie, at [90]. 180 Rebuttal of Jack McConchie, at [91]. 181 Rebuttal of Jack...

8. MLC 2019 July National Panui [pdf, 351 KB]

   ...Totorewa - and orders made at 86 Otorohanga MB 121 (24 February 1964) - Application to the Chief Judge A20190003324 58/93 John James Fleet AP 2019/6 - Carol Ngawhira Tanui Fleet - and succession orders made at 185 Taitokerau MB 148-160 - Notice of Appeal A20190003359 45/93 Lorna Mitchell Mary Hape - and succession orders made at 74 WHK 266 (18 January 1988) - Application to the Chief Judge A20190003586 45/93 Doris Rangi Ratana CJ 2019/9 - Alice or Arihia Te Paea or Arihia Reimana...

9. 2021-03-11 ORC PC7 - Transcript (up to end of day 2 - 9 March 2021) [pdf, 1 MB]

   ...was the National Policy Statement for Freshwater Management 2014 (which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd 5 [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of...

10. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

    ...Act). 14 Courage v Attorney General EMPC Auckland 363/2021, 22 February 2022, at [6]. 15 Van der Kaap v Attorney-General (1996) 10 PRNZ 162 at 165−166 (citations omitted). 16 Z v Z [2015] NZHC 2674 at [49]. This decision was overturned on appeal, but not on this point: Z v Z [2017] NZCA 94, [2017] NZAR 660. See also Wilson v Saunders [2016] NZHC 1211 at [49]; Hero Sportswear Ltd v Underground Fashions Ltd (1997) 10 PRNZ 655 (HC) at 657; Belokon v Kyrgyz Republic [2015] ONZC...