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1. Elvin - Lot 154D2B2B1 Parish of Te Puna (2007) 90 Tauranga MB 53 (90 T 53) [pdf, 2.5 MB]

   ...of the future generations to have a connection with their ancestral land. Counsel asked whether the Court should refuse a change of status when the children and grandchildren of the owners do not wish to retain their connection with the land. Law (l4] Section 136 provides: Power to change status of Maori land owned by not more than 10 persons The Maori Land Court may make a status order under section 135 [ ] of this Act where it is satisfied Ihat- (a) The land is beneficially ow...

2. Karena v Whitfield - Omahu 4C Section 6 [2018] Māori Appellate Court MB 170 (2018 APPEAL 170) [pdf, 302 KB]

   ...P Armstrong Appearances: Dr Bryan Gilling for the Appellant Ms Cara Bennett for the Second Respondent Date: 23 April 2018 JUDGMENT OF THE COURT Copies to: Dr B Gilling, Morrison Kent Lawyers, DX SP 2020 Wellington C Bennett, Langley Twigg, PO Box 446, Napier 4140 2018 Maori Appellate Court MB 171 Introduction [1] In an oral decision dated 8 February 2017, Judge Harvey confirmed a sale of Omahu 4C Section 6...

3. Kerehi v Griggs - Ngapuketaurua 6C Section 1 (2017) 62 Tākitimu MB 210 (62 TKT 210) [pdf, 424 KB]

   ...Bloor also confirmed that the trustees no longer seek an easement; there will instead be a right of way by negotiation with affected parties. [6] In this decision I record my reasons for granting the application and issue the required orders. Law [7] There are three steps:1 a) first I must be satisfied that the threshold requirements in s 288(2) of Te Ture Whenua Māori Act 1993are satisfied; b) if those prerequisites are satisfied, I must then address the mandatory consi...

4. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

   ...chronic, gradual onset tendinosis process. The thickening occurs slowly as a chronic fibrotic process, similar to forming calluses on the hands and feet. The down-sloping acromion is a bony change which also developed over a long time. Relevant law [38] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by...

5. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...roadway, and it is not uncommon for manuhiri to be staying at those Marae, and in many instances those manuhiri are children on school visits. She noted that the speed humps have been installed primarily due to concerns regarding safety. The Law [14] Section 19 may be invoked by a broad range of applicants, including any “person interested”. Although this term is not defined in the Act, the applicant, as a person who relies on the Roadway for access to his property, is clear...

6. LCRO 105/2020 AG v BH & CI (19 February 2021) [pdf, 179 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 21 Ref: LCRO 105/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN AG Applicant AND BH & CI Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] Mis

7. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

   ...NZEnvC 264, para 11; Waikato Regional Council v Cox Environment Court, A045/98; Auckland Council v Chen Hong Co Ltd [2016] NZEnvC 171, paras 9-10; and Auckland Council v Mao [2016] NZEnvC 188, para 13. 11 (c) the applicants are enforcing public law duties; (d) the first and second respondents have been on notice for some time as to non-compliance, but have recently recommenced earthworks; and (e) there is evidence of other breaches including contravention in relation to water cour...

8. Coroner-Windley-Minute-re-next-steps-to-determine-scope-2-Dec-2021.pdf [pdf, 220 KB]

   ...point. New dates for filing written submissions and the Scope Hearing [23] Bearing in mind what I have said above, written submissions will now be due by 5:00 pm on Friday 4 February 2022. [24] A new date for the Scope Hearing to take place at the Law Courts in Christchurch has also been secured. I acknowledge that ordinarily a coroner would first endeavour to confirm availability of Interested Parties and their counsel if they have one, however this has not been possible for a nu...

9. [2024] NZEnvC 014 Fleming v Waikato District Council [pdf, 1.6 MB]

   ...confer a power on the Court to direct a local authority to amend 7 its plan for the purpose of remedying any mistake, defect or uncertainty. It is clear that s 293 is intended to enable a greater degree of amendment than that. [16] Case law indicates that the power under s 293 is not unlimited and should be exercised cautiously and sparingly, within the foreseeable consequences of the reference out of which it arises.1 The following factors have been identified to provide...

10. LCRO 108/2018 WR v NS (23 August 2019) [pdf, 243 KB]

    LCRO 108/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [Area] Standards Committee [X] BETWEEN WR Applicant AND NS Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr WR has applied for a review of the determination by [Area] Standards Committee [X] in which it made two findings