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1. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...issue a Code of Compliance. BUT then I was told that because of the time lapse the Council would not issue a Code of Compliance because it could not be backdated – it would have to have today’s date on it and under the Code of compliance law that means the Council have to guarantee the house for the next 15 years. The Council will do that for the first 15 years of a new house but as our house is already 5 years old they would not do it (effectively that would be issuin...

2. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of the Inia Whānau Trust who submitted that the order was not erroneous in fact or in law. Ko te hātepe ture o te tono nei Procedural History [4] The Registrar’s Report and Recommendation dated 2 July 2014 sets out the background to the application. The report and further background are set out in full in my previous re...

3. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...to obtain a LIM may amount to contributory negligence and warrant a 5 Hartley v Balemi HC Auckland, CIV-2006-404-2589, 29 March 2007 at [100] - [111] and [117]. 6 Stephen Todd (ed) Law of Torts (6 th ed, Brookers, Wellington, 2013) at 21.2.05. 7 At 21.2.03. 8 Body Corporate 188529 v North Shore City Council [2008] 3 NZLR 479 (HC). 9 O’Hagan v Body Corporate 189855 [2010] NZCA 65, [2010] 3 NZLR 445. 18 red...

4. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...Westpac Bank’s interest in the land. An alteration to the ownership of the property will detrimentally affect the bank’s rights and interests under the mortgage. (g) I should decline to exercise my jurisdiction under s 44(5) of the Act. The Law [17] The Chief Judge’s jurisdiction to amend or cancel an order of the Māori Land Court because of a mistake or an omission is set out in s 44(1) of the Act: (1) On any application made under section 45 of this Act, the Chief Judge...

5. [2018] NZEnvC 181 Ballantyne Barker Holdings Ltd v Queenstown Lakes District Council [pdf, 19 MB]

   ...("VAL") as that is described in the ODp39. It is also common ground that because BBHL's application was lodged before 18 October 2017 the applicable version of the RMA is at 17 October 2017 and therefore the changes made by the Resource Legislation Amendment Act 2017 do not apply. [38] At the time of the hearing consent was required under the ODP for: (a) subdivision in the Rural General Zone (rule 15.2.3.3.vi) as a discretionary activity; (b) minimum internal setba...

6. Final-Technical-Assessment-L-Archaeology-v2.pdf [pdf, 2.1 MB]

   ...section 6 of the Heritage New Zealand Pouhere Taonga Act 2014 ("HNZPTA"). 3. The RMA and HNZPTA promote the identification, protection, preservation and conservation of historical and cultural heritage, with the HNZPTA also providing a legislative mechanism, via an authority process, for the management of the modification or destruction of archaeological sites. 4. My report follows the methods and approaches set out in the Heritage New Zealand Pouhere Taonga ("HNZ...

7. List of parties as at 14 July 2021 [pdf, 700 KB]

   ...Green, Brookfields, P O Box 240 / DX CP24134, Shortland Street, Auckland 1140, green@brookfields.co.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S274 Matamata-Piako District Council Benjamin Cochrane, Brookfields Lawyers - Auckland, PO Box 240, Shortland Street, DX CP24134, Auckland 1010, cochrane@brookfields.co.nz Interested Party S274 Mercury NZ Limited Alana Lampitt, Chapman Tripp Sheffield Young - Auckland, PO Box 2206, DX CP24029, Aucklan...

8. List of parties as at 14 July 2021 [pdf, 709 KB]

   ...Green, Brookfields, P O Box 240 / DX CP24134, Shortland Street, Auckland 1140, green@brookfields.co.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S274 Matamata-Piako District Council Benjamin Cochrane, Brookfields Lawyers - Auckland, PO Box 240, Shortland Street, DX CP24134, Auckland 1010, cochrane@brookfields.co.nz Interested Party S274 Mercury NZ Limited Alana Lampitt, Chapman Tripp Sheffield Young - Auckland, PO Box 2206, DX CP24029, Aucklan...

9. List of parties as at 30 July 2021 [pdf, 722 KB]

   ...Party S274 Matamata-Piako District Council Andrew Green, Brookfields, P O Box 240 / DX CP24134, Shortland Street, Auckland 1140, green@brookfields.co.nz Interested Party S274 Matamata-Piako District Council Benjamin Cochrane, Brookfields Lawyers - Auckland, PO Box 240, Shortland Street, DX CP24134, Auckland 1010, cochrane@brookfields.co.nz Interested Party S274 Mercury NZ Limited Alana Lampitt, Chapman Tripp Sheffield Young - Auckland, PO Box 2206, DX CP24029, Auckland...

10. List of parties as at 13 July 2021 [pdf, 701 KB]

    ...Green, Brookfields, P O Box 240 / DX CP24134, Shortland Street, Auckland 1140, green@brookfields.co.nz ENVIRONMENT COURT OF NEW ZEALAND Interested Party S274 Matamata-Piako District Council Benjamin Cochrane, Brookfields Lawyers - Auckland, PO Box 240, Shortland Street, DX CP24134, Auckland 1010, cochrane@brookfields.co.nz Interested Party S274 Mercury NZ Limited Alana Lampitt, Chapman Tripp Sheffield Young - Auckland, PO Box 2206, DX CP24029, Aucklan...