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  1. ENV-2016-AKL-000TBA Vernon v Auckland Council [pdf, 184 KB]

    ...20. The correct process for that would be a plan change at some future date. 21. The figure of 20% per year adopted by the Panel for the trimming of notable tress provides some additional flexibility to notable tree owners who have onerous and costly conditions imposed on them by the Plan. The 10% figure Council wants to use is unduly restrictive. Relief Sought - Topic 025 Notable Trees 22. Retain the provisions and schedule as recommended by the Hearings Panel. T...

  2. Manuel v Carroll - Lot 1 Deposited Plan 5004 Part Waimarama 3A1A1 (2020) 83 Takitimu MB 41(83 TKT 41) [pdf, 231 KB]

    ...exchange any further evidence and submissions concerning claims for compensation regarding the sewage and water systems he claims to have erected on the land. [42] As both parties have been assisted by the Special Aid Fund there will be no order as to costs. Ka pānuitia te whakataunga i te Kooti a te tekau karaka o te rā whitu o Hurae i te tau 2020. Pronounced at 10.00am on this 7th day of July 2020 L R Harvey JUDGE

  3. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

    ...Manawatu’ (SO 11321). It more clearly shows large accretion areas abutting both ends of Parahaki. The elevated island area (shaded light green) as it appears on the earlier plans can be readily discerned. [17] There were issues surrounding survey costs. In 1928 the Commission of Crown lands ordered a survey of the island. With respect to the resulting plan Mr Armstrong says: The survey plan (ML 4064) is reproduced below. This was the first time Parahaki had actually been surveyed on...

  4. DS v WH LCRO 163 / 2010 (16 August 2011) [pdf, 92 KB]

    ...the matter be properly and honestly investigated and the decision reversed or modified. [8] In his original complaint to the Complaints Service, the Applicant sought an apology and an order that the Crown apply to recall the judgment, as well as costs. It must be noted that neither the Standards Committee nor this Office have any power to order the Respondent to apply for a recall of the judgment and the focus of this review is on the conduct of the Respondent. Procedure [9] Th...

  5. Waitangi Tribunal - Preparing claimant evidence for the Waitangi Tribunal [pdf, 1.3 MB]

    ...it copies reports for release to the Crown 17 and other claimants. Professional mapping assistance can be accessed through cfrt funding or from private providers. Existing maps can be reproduced (with permission if there is copyright) for less cost, and claimants can of course take their own photographs. Copies of historical maps and photographs can be obtained from various libraries and museums. Funding There are two main sources of funding for traditional history reports. The prin...

  6. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

    ...probabilities that the company’s decision to dismiss the plaintiff and the procedure that was followed were what a fair and reasonable employer would have done in all of the circumstances. [49] The challenge is accordingly dismissed. [50] If costs cannot otherwise be agreed they may be the subject of an exchange of memoranda, with the defendant to file and serve any memorandum and supporting material within 20 working days of the date of this judgment, and the plaintiff to file...

  7. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

    ...in the public interest. [5.4] In BNZ Investments the applicant was seeking access to the evidence of eight expert witnesses. The concern was that the applicant was attempting to access a large amount of research without having to pay for its true cost. The present case is distinguishable in that Chen Palmer seeks access only to the current statement of claim and statement in reply. The law to be applied [6] Both the Human Rights Act 1993 and the Human Rights Review Tribunal Regulat...