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1. [2021] NZEnvC 071 Box Property Investments Limited v Auckland Council [pdf, 421 KB]

   ...more akin to a declaration application. The matter of determining who is the "successful" and "unsuccessful" parties on the merits should therefore await the final determination of the direct referral application. 8 The law on costs in the Environment Court [28] Section 285 of the Act confers a broad discretion on the Environment Court to order costs with the sole qualification that the quantum be reasonable. As with the exercise of any judicial discretion, a...

2. Simpkin - Petane Marae (2016) 51 Taitokerau MB 70 (51 TKT 70) [pdf, 324 KB]

   ...list and to discuss the options for restoration. The applicant submitted that she has received overwhelming support for restoration of Te Amiki and given that it is a tāonga and is of critical importance, the injunction should be granted. The Law [26] Section 19 of Te Ture Whenua Māori Act 1993 provides: 19 Jurisdiction in respect of injunctions (1) The court, on application made by any person interested or by the Registrar of the court, or of its own motion, may at any time...

3. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...administer and manage the land and dwelling. [6] Katheryn Moore, another sibling, filed a written submission dated 30 April 2013. In that she implores the Court to grant an occupation order and the decline the application to constitute a trust. The Law [7] Sections 214 and 215 of Te Ture Whenua Māori Act 1993 provide: Section 214 Whänau trusts (1) The Court may, in accordance with this section, constitute a whänau trust in respect of any beneficial interests in Maori land o...

4. [2024] NZEnvC 151 McDonnell v Auckland Council [pdf, 293 KB]

   ...the Council’s powers to impose conditions on controlled activity cross lease conversion subdivisions are limited to the matters of control in E38.11.1, as per s 108AA of the Act. That power does not extend to the power to require existing lawful established stormwater and wastewater infrastructure be adequate or fit for purpose. (d) the clear outcome of the Subdivision appeal is equivalent to having been successful on the Application for Declarations. The Council’s respon...

5. Kauikia-Stevens v Tume -Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) [pdf, 256 KB]

   ...Rangitatau 1D5A1 block. 4 I subsequently appointed Scott Wirihana-Tawake, Ms Kauika-Stevens, Benjamin Wirihana- Tawake, Sandy Kauika-Stevens and Tiaki Tume as responsible trustees and vested ownership of the dwelling and shed in the trust. 5 The Law [7] Section 240 of Te Ture Whenua Māori Act 1993 provides: 240 Removal of trustee The Court may at any time, in respect of any trustee of a trust to which this [Part] applies, make an order for the removal of the trustee, if it...

6. McAuley v The Real Estate Agents Authority CAC (416) NZREADT 22 [pdf, 181 KB]

   ...about a boundary, for example where there is no clearly marked fence, where the boundaries appear to be in bush land or where a title is “limited as to parcels”. However we have cautioned against obligations which require agents to become lawyers and we extend this to surveying. An agent must make every effort to know the product they are selling but they are not required to anticipate problems where a problem might not exist. [14] Mr Simpson also referred the Tribunal to an...

7. Couper v Rangipunga - Parihaka X Trust (2008) 212 Aotea MB 38 (212 AOT 38) [pdf, 2.3 MB]

   ...respondent that he had given instruction to B TW. Mr Pue also raised concerns over the earthworks the respondent had commissioned including the digging of a large pond. Mr Pue considered that work to be dangerous to the trust's cattle. The Law [1 9] Section 240 of the Act states: "The COllrt may at allY time, ill respect of allY tmstee of a tnlSl to which this [Part) applies, make all orderfor the removal of the iI1lstee, ifit is satisfied- (a) That the tmstee has failed...

8. Munu - Mangamuka West 3H2C (2006) 112 Whangarei MB 243 (112 WH 243) [pdf, 623 KB]

   ...which supported that application go to the heart of the disagreements between the owners which were in evidence in Court. [9] Following the dismissal of the section 45 application this application was heard by me at Whangarei on 29 August 2006. The Law [10] The Maori Land Court has exclusive jurisdiction to make partition orders in relation to Maori freehold land: Section 287(1) of the Act. That jurisdiction is contained in Part 14 of the Act. [11] Section 286(1) of the Act provides...

9. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...however, there are significant differences between the accounts given by witnesses or the responses are unsatisfactory, more will be required of the employer to ensure that the investigation is full and fair. [59] Timu’s case was decided on the law as it was prior to the enactment of s103A which was largely summarised by the Court of Appeal in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448. In my view, s103A has not significantly changed the law regarding the nature of the inve...

10. MOJ0342.2-Homicide-factsheet-FEB22-PRINT.pdf [pdf, 689 KB]

    ...the defendant is found not guilty by reason of insanity, they may be detained for treatment in a secure mental health facility. A victim coordinator from the facility will contact you to explain what this means. SENTENCING The judge is required by law to take many factors into account when sentencing the offender, such as what sentences have been given for other similar crimes and reports about the offender. If the judge agrees, you (or someone you choose) can read out all or part of...