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1. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

   ...The Trustees must recognise that they must make all decisions on behalf of the Trust and are to consider the views of the owners. [14] Clause F is approved. Comment Box 2 (2) [15] Comment Box 2 (2) of the draft trust order has been amended to permit the alienation of Trust land and other Trust property for the benefit of a trust other than this Trust, where authorised by the Trust order. 6 Trustees of Pukeroa Oruawhata Trust v...

2. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

   ...communications “for the purposes of the mediation” are confidential except perhaps where narrow public policy exceptions apply. 4 The defendant also made reference to Rose v Order of St John 5 which emphasised the purpose of s 148, which is to permit the parties to mediation to speak freely in a confidential environment in an attempt to resolve their differences; George v Auckland Council is to similar effect. 6 Counsel for the defendant submitted that at the relevant t...

3. Rautangata v Rautangata– Opuatia No 6D No 2D Block (2013) 63 Waikato Maniapoto MB 132 (63 WMN 132) [pdf, 99 KB]

   ...chattel, rather than as a fixture and, therefore, that it is not an interest in the land, the question as to whether such an order can be made in favour of a non-owner is moot. There may, however, be further issues as to whether the non-owner is permitted to occupy or use the structure or must remove it from the land. [15] In Stock v Morris – Wainui 2D2B9 the Court preferred to recognise a s 18(1)(a) order as allowing the Court to determine a separate equitable ownership of a fixtu...

4. Kropelnicki v Wellington City Council (Strike-Out) [2021] NZHRRT 30 [pdf, 110 KB]

   ...failed to meet the final deadline for filing the amended claim that he claimed an inability to respond in writing. [42] As a lay litigant Mr Kropelnicki is also entitled to some latitude. However, that latitude does not extend so far as to permit the continuation of claims where there is no real likelihood the claim will be brought to a conclusion in the foreseeable future. [43] Mr Kropelnicki is engaged in litigation he has not progressed. There comes a point where to leave the...

5. LCRO - Guidelines for parties to review [pdf, 137 KB]

   ...by a Lawyers Standards Committee or a Conveyancers Standards Committee on complaints that are made. 3. The purposes of the complaints and discipline system under the Act includes processing and resolving complaints as expeditiously as circumstances permit and in appropriate cases by negotiation, conciliation or mediation. The role of the LCRO and its procedures need to be viewed in light of these purposes. 4. The LCRO must discharge the functions of the office with as little formality and...

6. Brightwell - Okauia B3B1 Block (2017) 135 Waikato Maniapoto MB121 (135 WMN 121) [pdf, 202 KB]

   ...made with the consent of the owner or all of the owners of the interests or shares to which the application relates. While Anne’s children cannot themselves succeed to the occupation order, there appears to be no legal authority which would permit me to make a succession order in favour of either Ms Brightwell or the whānau trust in the absence of consent from Anne’s children. [26] In the circumstances I decline to make a succession order in relation to the occupation order...

7. Criminal Cases Review Commission: areas for further discussion - Redacted [pdf, 334 KB]

   ...c. any judicial officer’s sentencing notes. 38. There is also a general right of access to any information relating to any appeal. 39. However, some categories of information relating to a criminal proceeding may be obtained only if a judge permits it.11 For any information not covered by general rights of access, there are specified matters for the judge to consider in determining whether to release the information.12 40. It may be possible to provide that the CCRC has a right t...

8. [2015] NZEnvC 050 Ngati Kahungunu v Hawkes Bay Regional Council [pdf, 1.7 MB]

   ...would be safeguarded. This EIC S E J Swabey Para [9.6] z EIC S E J Swabey Para [9.28] S 24 [52J Ngati Kahungunu essentially see that this objective would result in the quality of the groundwater (compared to its measured quality today) being permitted to deteriorate to the cusp of chronic decline. [53J Dr Swabey referenced PC 6 in terms of Dr Hickey's evidence and the standard which has been set at 11.3mg/L, but we were not provided with any analysis of the decision-ma...

9. [2018] NZEnvC 144 Auckland Council v Braines [pdf, 377 KB]

   ...Decision [2018] NZEnvC 115. Both decisions are self-explanatory. The ex parte interim enforcement order [3] The initial application for orders were made ex parte on the basis that the site was being used in excess of the residential activities permitted, and that the wastewater systems were not operating properly. This evidence was based upon expert evidence from Mr Ormiston. The Court notes that it made the orders ex parte because of its concerns about: (a) increased danger to...

10. [2019] NZEnvC 057 Auckland Shooting Club Inc v Auckland Council [pdf, 5.1 MB]

    ...application for a certificate of compliance. I am satisfied that I have sufficient information to consider the matters required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the application . The activity is permitted under the relevant rules of the Auckland Council District Plan (Rodney Section). Acting under delegated authority, I c'ertify that the proposal described above and at the above location can be done lawfully without a resour...