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1. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...context of elections, the Court of Appeal has made it perfectly plain that meeting procedures must be designed as to ensure the widest possible beneficiary participation. While in former times Māori communities lived in and around their lands and resources, the last century has seen a dramatic change in the Māori demographic. One need only look at the levels of participation in most trusts and incorporations with large numbers of shareholders to see that it is often 10% or less wh...

2. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

   ...into starting his new business unencumbered with paying his living expenses. Taking an objective and global assessment of what each party contributed, it appears from the evidence it was well balanced and equally matched. The devotion of time and resources were balanced between the parties and were consistent with what would be the usual give and take in a close relationship. I therefore find that TH was not unjustly enriched at KX’ expense. 18. KX also sought an order for vari...

3. [2018] NZEnvC 144 Auckland Council v Braines [pdf, 377 KB]

   iSEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: Submissions: Date of Decision: Date of Issue: IN THE MATTER AND AND BETWEEN AND Decision No. [2018] NZEnvC l ~4 of the Resource Management Act 1991 of an applicant for ex parte and interim enforcement orders pursuant to s 320 of the Act of an application for costs under s 285 of the Act AUCKLAND COUNCIL (ENV-2018-AKL-102) Applicant KI BRAINES Environment Judge JA Smith sitting alone pu...

4. LCRO 202/2015 BT v DG (1 October 2018) [pdf, 234 KB]

   ...allegations to ascertain the date on which Dr DG had arranged the reverse brief. He alleges Dr DG had never arranged the brief, and that, again, Dr DG was lying when he said he had. [47] The Complaints Service must form a view as to where to direct resources. Little turns on the issue raised by Mr BT. Mr BT has a view that whatever Dr DG has said constitutes a lie. That does not provide a reason for the Committee to pursue Mr BT’s allegations. Overview [48] Mr BT has produ...

5. Justice Matters - issue 07 - June 2017 [pdf, 3.8 MB]

   ...operation of Phase 2 of the anti-money laundering and counter-terrorism reforms • $7.6 million for the Electoral Commission to carry out the 2018 Maori Electoral Option. The Office of Treaty Settlements received $12.2 million over two years to resource its work to broaden the geographic and population reach of Treaty settlement negotiations. It also received $2.8 million for the 2017/18 year to enable the Crown to participate in the resolution of disputes concerning the relativity m...

6. Joe - Tataraakina C (2003) 173 Napier MB 51 (173 NA 51) [pdf, 494 KB]

   ...July 1994 at 139 Napier Minute Book 14-26. 4. The trustees are Gilbert Brown, James Hill, Joseph Young, Rere Puna, Ruruaurua Heita Hiha, and Te Whetu Tipiwai. 5. In May 2002 the applicant lodged a proposal with the Trust to utilise the fishing resource on the Trust lands. Minute Book: 173 NA 52 6. By letter dated 24 October 2002 the Trust advised the applicant that his proposal had not been accepted by the Trust and that the Trust had granted Poronui Ranch Limited (PRL) a three y...

7. Morrison - Ngati Whakaue Tribal Lands Incorporation (2004) 283 Rotorua MB 264 (283 ROT 264) [pdf, 727 KB]

   ...subsidiary company to complete the transaction - Whakaue Holdings Limited. The General Manager is in fact not Mr Rick Vallance, but his family trust Kahumingi Trust. The joint venture is by no means straightforward. Its operation is contingent on resource management matters and further agreement between the parties and to an extent its operation is contingent on re-negotiation between the parties at a later date. The joint venture partner is Nathan Property Consultants Limited. Mr Val...

8. OP v PQ LCRO 32 / 2012 (16 August 2012) [pdf, 91 KB]

   ...bankruptcy proceeding, my having noted his statements that he had always been in a position to pay his debts, and that solvency is a defence to a bankruptcy application. The Applicant highlighted in particular that he had neither the skill nor resources to have contested the High Court proceeding. This may be so. But having also noted a suggestion (by the High Court Deputy Registrar) that he seek assistance from the Community Law Office in relation to his dispute about the costs,...

9. [2023] NZEnvC 200 Hanan v Queenstown Lakes District Council [pdf, 727 KB]

   HANAN & BANCO v QLDC – TOPIC 31 – McDONNELL ROAD – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 200 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN E HANAN (ENV-2019-CHC-16) AND BANCO TRUSTEES, McCULLOCH TRUSTEES 2004 LIMITED AND OTHERS (ENV-2019-CHC-45) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL...

10. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

    ...land, to be Council road reserve. 3. The movement of the boundaries is substantially more than the estimated accuracy of 1 metre. In fact [they] have moved apparently at least 50 metres. 4. The Council‟s intention to use Section 330 of the Resource Management Act 1991 Emergency Powers is without grounds; as there is no critical need for a new road formation, nor are there likely to be any adverse effects on the environment which requires immediately preventative or remedial...