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1. [2015] NZEnvC 137 Tram Lease v Auckland Transport and Auckland Council [pdf, 813 KB]

   ...conducted appropriately, conferencing can produce professional narrowing of disputes and save everybody time and expense (as belatedly proved possible in this case after conferencing resumed). Undertaken in the manner and negative tone that counsel permitted to occur here however, conferencing will instead simply add another layer of cost onto proceedings. The Court in such instances in future might give consideration to the NSW approach of limiting experts to one Court-sanctioned w...

2. Haddon v Rahui Te Kuri Inc – Pakiri R (1994) 3 Taitokerau Appellate MB 178 (3 APWH 178) [pdf, 1.5 MB]

   ...administrative; and that the object of Section 233 was to ensure that the Maori Land Court had an immediate and complete record available to it. 47. In his decision in the Housing Corporation case, at page 674, Mr Justice McGeehan observed:-- 'If I may be permitted perhaps a small and respectful quibble more as to emphasis than anything else, I rather think the sanction depriving instruments not endorsed of force and effect reflects a promotion of administrative convenience rather than d...

3. Director of Human Rights Proceedings v Hamilton [2012] NZHRRT 24 [pdf, 120 KB]

   ...exceptions which are not relevant in the present context, no reason other than one or more of the withholding grounds set out in ss 27 to 29 of the Act justifies a refusal to disclose any information requested pursuant to Principle 6: 30 Refusal not permitted for any other reason Subject to sections 7, 31, and 32, no reasons other than 1 or more of the reasons set out in sections 27 to 29 justifies a refusal to disclose any information requested pursuant to principle 6. [66] The agen...

4. Reihana - Estate of Ngapipi Rewiti Panapa [2017] Chief Judge's MB 238 (2017 CJ 238) [pdf, 505 KB]

   ...share of the total shares that were for Whetumarama Hetaraka. That would leave the shares held by Thomas and Raymond Reihana unaffected by the family arrangement and the vesting order; (c) At 5 Auckland MB 333-335 dated 15 February 1974 only permitting the vesting of shares held by Atawhai Wilcox, Hariro Heta, Herbert Hetaraka, and Violet Whetumarama Te Kani; (d) At 31 Tauranga MB 168 dated 31 March 1971 upon succession to Kahirini Reweti or Kihirini Reweti by determining both...

5. Director of Human Rights Proceedings v Attorney-General [2020] NZHRRT 45 [pdf, 626 KB]

   ...upon or with whom the offence has been or is alleged to have been committed, or any name or particulars likely to lead to the identification of that person, unless— (a) That person is of or over the age of 16 years; and (b) The court, by order, permits such publication. [45] Section 139 applies automatically. It has the following limbs: [45.1] There must be a report or account which relates to proceedings. [45.2] There must be an action which constitutes publication of that report...

6. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...shares. There is currently one dwelling on the block, which is occupied by major shareholder Denby Reihana.7 [9] Local authority zoning rules allow for one residential dwelling unit and one family flat per site, on sites up to 40 hectares, as a permitted activity. For two or more residential dwelling units or family flats on the block, it is considered a discretionary activity under the District Plan requiring a specific resource consent.8 6 445 Aotea MB 54-56 (445 AOT...

7. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...be bound by the trustees’ proposal until she knew of Mr CK’s and their sister’s response, I make the observation the preferable approach for Ms SE might have been to first inform the trust’s lawyer that Ms AF’s instructions would not permit Ms SE to communicate Ms AF’s position on the trustees’ resettlement proposal until Mr CK and their sister had responded. [81] In that way Ms SE would have reduced or eliminated any possible perception the trust’s lawyer may ha...

8. National Standards Committee v Young [2017] NZLCDT 41 [pdf, 315 KB]

   ...20 See above n 12. 18 [80] We are mindful that in assessing Mr Young’s conduct we must reach our own independent conclusion without merely referring to the comments of the Judges who dealt with the proceedings.21 However, we are permitted to accept evidence of the comments of Courts on relevant matters, and attribute such weight as we see fit.22 [81] The Judges who were the recipients of Mr Young’s arguments did not mince words: “His actions were concerning in a...

9. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...pleaded not guilty. The charge was ultimately withdrawn. Mr Harris conceded that he would have been given the documents. Once again, possession of the document does not establish it was lost in Albany. [41] Mr Miller also gave evidence that it is permitted that a prisoner personally carry out a physical inspection of the prisoner’s file, albeit in the presence of a Corrections officer. In this way it was possible that Mr Harris could have had direct access to original documents fr...

10. [2019] NZEnvC 184 Ngati Whatua Orakei Whai Maia Limited v Auckland Council [pdf, 25 MB]

    ...for the activity. (5) ... [44] Section 108AA RMA builds a little on the previously understood common law test in Newbury9 that consent conditions must be imposed for [resource management purposes] and must fairly and reasonably relate to the permitted development and not be unreasonable. The key wording held subsequently in Estate Homes10 was that a condition needs to be "logically connected" to the proposed development and not relate to an external or ulterior concern,...