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1. [2022] NZEnvC 245 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 255 KB]

   ...– PDP – TOPIC 18 UCESI & ORS v QLDC – SECOND INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 245 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED AND OTHERS (ENV-2018-CHC-56) (and all the appellants allocated to Topic 18) Appellants AND QUEENSTOWN LAKES DISTRICT CO...

2. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

3. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...that the plaintiff could not recover any compensation for his physical injuries because it was precluded by the equivalent of s317 of the IPRC Act. However, this did not prevent an action for damages for wrongful dismissal. [75] The Court of Appeal approved the findings of the Chief Judge in Bint in Attorney-General in respect of the Commissioner of Police v B7. The Court of Appeal said that the Chief Judge’s remarks were “apt to be noted… because they indicate the ability...

4. Bloor - Ngapini and Tarawa Trust (2014) 36 Takitimu MB 186 (36 TKT 186) [pdf, 227 KB]

   ...under this Part the court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. 36 Takitimu MB 194 [29] A leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana where it was said: 17 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In...

5. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   ...the degree of success achieved by the respondent and the time required for effective preparation. 1 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) 2 Riddiford v Te Whaiti (2001) 13 Takitimu Appellate MB 184 (13 ACTK 184) 3 Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara (2002) 15 Aotea Appellate MB 64 (15 WGAP 64) 4 De Loree v Mokomoko – Hiwarau...

6. LCRO 126-2017 PC v The Committee [pdf, 281 KB]

   ...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

7. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [pdf, 239 KB]

   ...Scope of Review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 184/2018 DP v VK (17 December 2019) [pdf, 153 KB]

   ...scope of review [4] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2021] NZEnvC 131 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN WARWICK SUTHERLAND WILSON (ENV-2020-AKL-51) Appellant AND WAIKATO REGIONAL COUNCIL Respondent AND OHINAU AQUACULTURE LIMITED Applicant Court: Environment Judge J J M Hassan Environment Commissioner K A Edmonds Environment Commissioner...

10. Anania - Waimata 2E (2020) 221 Taitokerau MB 243 (221 TTK 243) [pdf, 332 KB]

    ...satisfied— (a) that,— 9 Te Ture Whenua Māori Act 1993, s 146. 10 Te Ture Whenua Māori Act 1993, ss 147, 150C. 11 Te Ture Whenua Māori Act 1993, s 150C(3). 12 Manning– Kirikiri Pawhaoa B2A1 [2011] Maori Appellate Court MB 215 (2011 APPEAL 2015) at [38]. 13 Te Ture Whenua Māori Act 1993, s 152. 221 Taitokerau MB 251 (i) in the case of an instrument of alienation, the instrument has been executed and attested in the manner required by the rules of cou...