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1. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

   ...(and 17.8.5.2); • Rule 18.5.2.1; and • Rule 31.1.6.1. deal with the rules in that order. 12 [27] Rule 17.8.5.1 relevantly provides as follows: The destruction or removal of indigenous vegetation (excluding indigenous forest) is a permitted activity, if it complies with the following conditions: (a) The site is not a naturally occurring wetland. [28] Rule 17.8.5.2 provides that the destruction or removal of indigenous vegetation that does not comply with the conditions...

2. Te Whata - Waiwhatawhata 1A2B6 Lot 1 DP 168554 (2008) 125 Whangarei MB 294 (125 WH 294) [pdf, 3.4 MB]

   ...or management (see paragraph 64). [38] It is axiomatic that owners of Maori land may sell their land as of right: section 152. The COUll has no general discretion in this regard. Therein lies an important distinction between that which the Act permits as of right, and that which it permits only by exercise of the Court's discretioll . The kaupapa of the Act does not necessarily speak directly to both right and discretioll. In Horowhelllla XlB 41 North A3A alld 3B1 l6 Whanganui AC...

3. Loach v Bidois - Matarikoriko No 7B2A (2015) 336 Aotea MB 182 (336 AOT 182) [pdf, 222 KB]

   ...purchase part of the block. The only difference between the agreement with the Trust and the whānau proposal would be the amount of land to be purchased. [20] Mr Watson contended that the central issue is whether an offer for partial purchase is permitted under s 147A of the Act or must the first right of refusal be made in relation to the entire block the subject of the application. [21] Mr Watson submitted that the Court must grant confirmation if it is satisfied of the matters...

4. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...that the relevant provisions of the general rules of evidence in the EA may guide the Court in the exercise of its broad discretion under s 189(2) of the Act. Ms Stewart, counsel for Mr Nel, emphasised the sub-section does not, however, permit “evidential open slather”.4 A principled approach should be adopted. For present purposes, ss 7 and 8 of the EA provide the appropriate guidance. [21] In Pacific Plastic Recyclers Ltd v Foo, Goddard CJ set out the applicable pr...

5. ENVC Hearing 6Oct14 AT evidence chief Aut Karndacharuk [pdf, 2.5 MB]

   ...the AT Traffic Control Committee. 20 The Vehicle Restricted Area is restricted to access and parking of buses, coaches, taxis and shuttles along with access of goods service vehicles relating to the ferry terminal, mobility parking and mooring permit holders. The access and parking restrictions have been formalised as documented in the ‘Resolution’ report dated 29 November 2011, which was approved by AT Traffic Control Committee on 16 December 2011. This report is attached as...

6. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...of sheep in livestock definition [99] We note that the parties have agreed to the inclusion of a new condition (1A) in Rule C.8.1.2, to read: C.8.1.2 Access of livestock to the bed of a water body or continually flowing artificial watercourse - permitted activity The access of livestock to natural wetland, the bed of a lake or a continually flowing river, or a continually flowing artificial watercourse is a permitted activity, provided: 27 - induce noticeable slumping, pugging...

7. Broadman - Waimarama 3A 4B Sec 5 (2018) 66 Tākitimu MB 207 (66 TKT 207) [pdf, 332 KB]

   ...profit from their office.17 As a general rule, trustees are not entitled to remuneration or to compensation for their personal trouble or loss of time in relation to their work for the trust.18 The underlying reason being that a trustee cannot permit any conflict between personal interests and their duty to the beneficiaries.19 Where trustees do profit from their role, they must account to the trust for the unauthorised retention of trust capital.20 In limited circumstances truste...

8. Harvey v CAC 10063 & Kelsall [2012] NZREADT 21 [pdf, 114 KB]

   ...complaint, claim, allegation, or proceedings against the licensee by the client. 9.22 Where a licensee discloses information under rule 9.21(b) or (c), it may be only to the appropriate person or entity and only to the extent necessary for the permitted purpose. 9.23 A licensee must not use information that is confidential to a client, for the benefits of any other person or of the licensee.” [21] Ms McKenzie then pointed out that those Rules do not define “confidential inf...

9. Tidmarsh v Glover [pdf, 271 KB]

   ...delegable duty of care to owners and subsequent purchasers. The position is no different when the builder is/was also the owner. An owner builder owes a like duty of care in tort to future owners to build a dwelling in accordance with the building permit and the relevant building code and bylaws (per Tipping J in Chase v de Groot [1994] 1 NZLR 619-620). [114] Mr Woods properly acknowledged that a tortious duty of care may be held concurrently with contractual duties. However, I s...

10. Māori Trustee - Mohinui Topu (2011) 21 Taitokerau MB 4 (21 TTK 4) [pdf, 232 KB]

    ...legal action against any Government department, former lessees and committees and the possible future use of the land. 3. Powers In order to further the objects of the trust the trustees are expressly limited to the following: 3.1. To permit occupation To permit use and occupation of the land by the beneficial owners PROVIDED that the trustees shall not grant any right beyond May 2014. 3.2. To lease To lease the whole or any part or parts of the land for such terms...