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1. Waitangi Tribunal theme C - Customary land tenure [pdf, 1.2 MB]

   ...and parliamentarians: Harry Atkinson was Premier four times and died in office as speaker of the Legislative Council in 1892; C W Richmond and J C Richmond both filled the office of Native Minister at various times, and the former was still a Court of Appeal judge in 1895. Thus Wakefieldian settlers held many of the highest public posts in New Zealand for 40 and even 50 years after Waitangi. They were members of ministries which passed New Zealand’s most controversial legislation, especially...

2. Legal Services Agency closure & annual report 2011 [pdf, 976 KB]

   ...Wellington, Lower Hutt, Porirua and Hamilton. The planned extension to Christchurch was delayed by the earthquake on 22 February 2011. The Public Defence Service is also authorised to take cases at two High Courts (Auckland and Wellington), the Court of Appeal and the Supreme Court. In April 2011, the Minister announced plans to introduce the Service to Dunedin, Tauranga and Hawkes Bay (Napier and Hastings). These offices will become operational during the 2011/12 financial year. The Mi...

3. [2022] NZEnvC 129 The Wellington Diocesan Board of Trustees v Palmerston North City Council [pdf, 13 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: Date of Order: Date of Issue: Decision No. [2022] NZEnvC 129 IN THE MATTER of an appeal under s 120 of the Resource Management Act 1991 BETWEEN THE WELLINGTON DIOCESAN BOARD OF TRUSTEES AND (ENV-2021-WLG-000015) Appellant/ Applicant PAUvIERSTON NORTH CITY COUNCIL Respondent Environment Judge B P Dwyer sitting alone under s 279 of the Act 20 July 2022 20 July 2022...

4. July National Panui 2020 [pdf, 478 KB]

   ...2003) - Application to the Chief Judge A20200004823 45/93 Anna Anderson Wahapo Tipene - against a succession order at 5 KH (s) 197 -201 dated 31 October 2005 (31 October 2005 - Application to the Chief Judge A20200004983 58/93 John Thornton McLeod Appeal 2020/3 - Harataunga West 2B 2A 1 (Te Paea o Hauraki Mäori Reservation) and a decision of the Court made at 198 Waikato-Maniapoto MB 5-34 dated 12 February 2020 - Notice of Appeal A20200005044 45/93 Elizabeth Anne Fong Raiha Hori K...

5. Māori Land Court - Rule 5.11 Schedule - May 2017 [pdf, 1.2 MB]

   ...Wendy Hohaia Green or Puti Green or Wendy Green or Wendy Puti and succession orders made at 108 Waikato Maniapoto MB 30-33 (5 October 2015) - Application to the Chief Judge 45/93 Wallace King 1. Awaiting Administrative Action A20160004206 15/07/2016 Appeal 2016/4 - Waipapa 1D 2B 3B - against an injunction order made at 352 Aotea MB 211-232 on 12/05/2016 - Notice of Appeal (Respondent: Amy Amiria Walker) 58/93 Leslie Erle Flight 3. Awaiting Client Action or Information A20160004266 20/07/201...

6. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...applications for variation. It was unsurprising therefore that the trustees had decided to proceed with the TPA. Discussion [65] In The Trustees of Pukeroa Oruawhata v Mitchell 27 the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variatio...

7. 2021-03-11 Transcript of 8-9 March 2021 - E&OE - not complete [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...

8. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

   ...Policy Statement and Part 2 is the Regional Plan It was first notified in May 2007 and became fully operative on 19 December 2014. Plan Changes PC-1 (2016) and Plan Amendments 1 (2018) and 2137 (2022) are operative. Proposed PC-2 (2019) is under appeal, and is focused on the management of nutrient losses and as such is not considered relevant to the Ō2NL Project. Horizons Regional Policy Statement (RPS) 188. I have assessed the application against what I consider to be the...

9. Appendix-4_Peter-Kinley_-s87F-Report_Flooding-and-Hydrology_28-April-2023.pdf [pdf, 1 MB]

   ...(Ō2NL Project) Prepared by Peter Kinley – Hydrology and Flooding 8 20. In preparing my report, I have considered the planning framework within the One Plan and Greater Wellington Regional Policy Statement / Natural Resources Plan (appeals version) (“Natural Resources Plan”).1 While Mr St Clair will address the planning matters arising from application of these policies to the Ō2NL Project, this framework (and policy direction) is relevant when considering the e...

10. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

    ...deliberately assaulted Mr Dodd and heard the immediate explanation from Mr Kostic that it was an accident, Mr Milligan would have said and done nothing. [79] In making a finding of fact on this issue, I have regard to the decision of the Court of Appeal in Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 where, at paragraph [20], they described the standard of proof to be applied in employment proceedings as “the balance of probabilities flexibly applied according t...