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1. ENV-2020-AKL-000098

   Appeal ENV-2020-AKL-000098 Wairakei Pastoral Limited v Waikato Regional Council s274 interested parties Auckland/Waikato Fish and Game Council Beef+Lamb New Zealand Limited CNI Iwi Land Management Limited Dairy NZ Limited Federated Farmers of New Zealand Fonterra Co-operative Group Limited Genesis Energy Limited G Pinnell Graeme Gleeson Hamilton City Council Horticulture New Zealand Landcorp Farming Limited Lochiel Farmlands Limited Matamata-Piako District Council Mercury NZ Limited Miraka...

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   3. Waikato Regional Council Plan Change 1

2. Public Defence Service changes finalised

   ...hubs, they will have a reduced number of legal support positions overall initially, and we will take a slower, more phased approach to establishing the hubs.”   Mr Hutchinson says they have also listened to feedback on proposed changes to the PDS Appeals Team and had made adjustments as a result.   “This change to the original proposal means the PDS will be at a similar senior court resourcing level as it was in 2022 and this will mean the reduction in senior court cases will be l...

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3. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...conditions, was issued on 24 October 2014. Mr Shaw gave evidence at the hearing. The Commissioners did not elect to impose a condition requiring an underpass as requested by the Shaws in their submission.20 The Commissioners’ decision was not appealed by the Shaws. The sole appeal was received from a directly affected landowner on a site-specific severance matter, not in relation to the East-West Minor Arterial alignment that affects the Shaw property. That appeal was resol...

4. LCRO 236/2020 TB - Application for review of a prosecutorial decision (13 December 2021) [pdf, 580 KB]

   ...review [108] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:10 [39] … [T]he 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. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise...

5. [2023] NZEnvC 112 The Owners of Rangatira Blocks 8A17A5 v Taupo District Council [pdf, 4.3 MB]

   ...8A17A5 & 8A17A6 & Rangatira 8A1T2X & 8A1T2Y & PT Rangatira A1T2 v Taupo District Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 112 IN THE MATTER OF an appeal under clause 14 of the First Schedule the Resource Management Act 1991 BETWEEN THE OWNERS OF RANGATIRA BLOCKS 8A17A5 & 8A17A6 & RANGATIRA 8A1T2X & 8A1T2Y AND PT RANGATIRA A1T2 (ENV-2022-AKL-000103) Appellant A...

6. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...satisfactory in all respects to them, and not obtaining a report on a dwelling, they did so in reasonable reliance on the representations of fact made to them by Mr Xiang on 23 August 2006. [54] In AMP Finance NZ Limited v Heaven2 the Court of Appeal held that the question of whether there has been a breach of s 9 should be addressed in three steps:3 a) Ask whether the relevant conduct was capable of being misleading; b) Consider whether the plaintiffs were in fact misle...

7. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

   ...said that for her part, inspection could be an appropriate and pragmatic option. She also pointed out that disclosure in a case such as the present is far from straightforward, given the thousands of documents involved. [31] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”,2 and that the Court must be in “real doubt” before doing so.3 [32] As I have previously observed, the Court will usually wish to be...

8. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...concept. It includes a personal grievance, a dispute and any other problem relating to or arising out of an employment relationship. Such a problem is not confined to disputes between parties to an “employment relationship”. As the Court of Appeal has confirmed, that is because the term has a more expansive application, including “a dispute and any other problem relating to or arising out of an employment relationship”.12 Subsequently, the same court clarified that in orde...

9. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   ...to consider the resolution of the easement wording … The Court will then conclude whether it can proceed with the consideration of the final wording of the easement on the papers, or whether a further hearing is required. [6] The Objectors appealed against the Environment Court report. In the High Court the appeal was successful in part and the report of the Environment Court was set aside.2 However, the Court of Appeal reversed the High Court decision and confirmed the report o...

10. Henare v Horowhenua District Council - Hokio A, Part Hokio A and Hokio Maori Township (2013) 310 Aotea MB 292 (310 AOT 292) [pdf, 502 KB]

    310 Aotea MB 292 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20050009249 UNDER Sections 18, 37, 98, 131 and 132 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hokio A, Part Hokio A and Hokio Māori Township BETWEEN EUGENE HENARE, VIVIENNE TAUEKI, PHILIP TAUEKI, IAN HAENGA, PETER HEREMAIA, ALEX HOPA, KERI HORI TE PA as trustees of HOKIO A TRUST Applicants AND