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1. Mikaere - Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] Māori Appellate Court MB 249 (2014 APPEAL 249) [pdf, 295 KB]

   ...The English version of the Preamble to the Act states: Whereas the Treaty of Waitangi established the special relationship between the Māori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a tāonga tuku iho of special significance to Māori people and, for that reason, to promote the retention of...

2. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...in bold): Objective 1 The full range of the District's indigenous ecosystems and biodiversity is maintained in a healthy and functional state, and restored or enhanced where appropriate. Policy la Subdivision, use and development shall protect areas of significant indigenous vegetation and significant habitats of indigenous fauna in preference to remediation or mitigation by: a) Avoiding the loss or degradation of areas of significant indigenous vegetation and significant ha...

3. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...the parties. Those consequences include the fact that witnesses will be required for each proceeding, despite not being directly involved in the dispute. There will be legal costs as well as practical considerations such as time off work, child care and family arrangements, travel and the general stress and inconvenience of attending at least three (and potentially four) hearings on the same subject. The submissions make reference to the principle of finality of proceedings and contend...

4. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...made clear in the terms Mr Ireland set, under the contracting model CIB was not required to pay holiday pay; sick leave and other entitlements. Mr Barry could not join a union; he could not raise a personal grievance; and there were none of the protections afforded to employees at the end of an employment relationship. [15] Mr Barry gave evidence that he did not really understand the difference between independent contracting and employment. Mr Barry’s evidence as to his lev...

5. [2022] NZEnvC 177 Waka Kotahi NZ Transport Agency v Auckland Council [pdf, 420 KB]

   ...operator, or their successors as the road controlling authority for SH22. [36] The Decisions Version of PC51 only had a single assessment criterion relating to whether the building accommodating an activity sensitive to noise is designed to achieve protection from adverse health and amenity effects. Analysis of agreement under s 32AA of the RMA [37] Section 32AA of the Act requires a further evaluation of any changes to a proposed plan change since the initial s 32 evaluation repo...

6. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 KB]

   ...iwi Māori kia taea ai ēnei kaupapa te whakatinana. Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of t...

7. COES - EiC - M J Sole (5 Feb 2021) [pdf, 4.1 MB]

   ...supplement irrigation with some rainwater collection. Central Otago Environmental Society 8 I also prepare submissions and appear at hearings on behalf of Central Otago Environmental Society (COES), a locally based organisation committed to the protection and enhancement of the Central Otago environment including landscapes and water resources. I am an Executive Committee member of COES and I am authorised to give this evidence on COES’ behalf. 3 page 3 9 As a communi...

8. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...occur in the years prior to a person being adjudicated bankrupt. These offences would apply retroactively to activities prior to the Bill coming into force as an Act, and therefore give rise to an issue under section 26(1) of the Bill of Rights Act (protection against retroactive offences). 11. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Act. We...

9. Government-Response-to-Te-Aka-Matua-o-te-Ture-Law-Commission-report.pdf [pdf, 1.1 MB]

   ...reform of both relationship property law and succession law. 4. The reports make recommendations that would amount to significant changes to current law and policy. There is overlap between these areas of law and many of the recommendations will require careful consideration and further policy work before legislation can be progressed. 5. After reflecting on the Commission’s findings on succession law, I agree in- principle that reform, including new legislation, is required to achieve sim...

10. Otene – Tauhara Māori Reservation (1977) 58 Taupo MB 168 (58 TPO 168) [pdf, 1.7 MB]

    ...tor whose use or benefit the reservation was made, the public at large, or of the Court. The matters are i. . ·- *--'• . . --- -~~~r~ _;_. '• .-•. J 2 5: .. ' 1977 4. .. t··r· ·, important and require that care~ul consideration be given ,, to the principles to be applied, not only to resolve the matter in hand, but to assist in the ~uture administration o~ this and other reservations. It is first necessary to make turther comment upon the pro...