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1. [2022] NZEnvC 264 Willowridge Developments Limited v Queenstown Lakes District Council [pdf, 2.2 MB]

   WILLOWRIDGE DEVELOPMENTS LTD & ORS v QLDC – TOPIC 28 TRANSPORT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 264 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule to the Act BETWEEN WILLOWRIDGE DEVELOPMENTS LIMITED (ENV-2019-CHC-17) …(continued on separate page) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J...

2. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...NZBORA (right not to be subjected to disproportionately severe punishment).9 25.2. An award of $450,000 in damages in 2022 for the excessive imprisonment an offender was subjected to as a result of the third strike sentence.10 This decision has been appealed to the Court of Appeal. 25.3. In a recent three strikes case the High Court stated that a mandatory sentence without any judicial discretion would breach s 25(a) (right to a fair and public hearing by an independent and impartial c...

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   ...decisions are published, and not all decisions can be found through our finder. Find out more about using the decision finder.  View the full list of where to find decisions for each court or tribunal. Decisions for the High Court, Court of Appeal and Supreme Court can be found in the Judicial Decisions Online. There are also tools to help you find publications or forms, as explained on the  Document finders  page.

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4. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

   ...case in line with Hamlin41 rather than the validity of an insurance claim (Newlands)42 negligence of solicitors (James)43 or misstatements in a registered prospectus (Murray).44 Mr Davie pointed me to Baragwanath J’s finding in the Court of Appeal 40 Analogous to Thom v Davys Burton [2008] NZSC 65, [2009] 1 NZLR 437 at [25]–[26]. 41 Hamlin above n 38. 42 Newlands v Sovereign Insurance Company Ltd [2014] NZHC 803 at [36]...

5. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...warning, such sum did not adequately compensate the plaintiff in the present case for each of the wrongs she suffered. [18] Turning to the quantum of the award, Mr O’Sullivan reviewed a number of relevant decisions of this Court and the Court of Appeal along with two decisions of the Authority. He also noted that in Commission of Police v Hawkins1 the Court of Appeal had confirmed that there was no established range or ceilings within which compensation awards for non-economic lo...

6. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Māori Trustee. (3) Any injunction made by t...

7. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...annual grazing agreement since the 1980s over Pukehika block, which was part of the trust’s corpus. That grazing 5 Keepa v Vercoe – Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) at [13] 6 Churton v Trustees of Mangaporou Trust (2002) 122 Aotea MB 182 (122 AOT 182), Churton v Trustees of Mangaporou Trust (2003) 132 Aotea MB 219 (132 AOT 219), Churton v Mangaporou Trust - Mangaporou Trust (2003) 15 Aotea...

8. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. [18] In Henare v Māori Trustee – Parengarenga 3G 10 the Māori Appellate Court discussed t...

9. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...184). These are authorities for the following principles: 2 Nicholls v Trustees of W T Nicholls Whānau Trust – Part Papaaroha 6B Block [2014] Māori Appellate Court MB 2 (2014 APPEAL 2). 133 Waiariki MB 62 a) The Court has an absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to the costs that were act...

10. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

    ...6 Te Ture Whenua Māori Act, s 17(2)(a). 18 Tākitimu MB 272 Jurisdiction under s 18(1)(i) [17] The issue of what jurisdiction is granted by s 18(1)(i) was discussed by the Court of Appeal in Attorney-General v Māori Land Court [1999] 1 NZLR 689. This case involved General and Crown land, and the ability of the Māori Land Court to make vesting orders in relation to such land. The Court of Appeal stated that:7 There is