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1. Pai - Waihi Kahakaharoa 3B2A and Waihi Kahakaharoa 9A (2019) 407 Aotea MB 180 (407 AOT 180) [pdf, 107 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [24] In Rameka v Hall the Court of Appeal held that, in applying section 240, the Māori Land Court must carry out a two-stage test: first, it must ask if the relevant trustee has breached his or her responsibilities as a trustee; and second, if it finds that the trustee has...

2. Philip Clarke (filed 6 June 2017) [pdf, 177 KB]

   BEFORE  THE  ENVIRONMENT  COURT       CHRISTCHURCH  REGISTRY     ENV-­‐2016-­‐CHC-­‐47     IN  THE  MATTER     of  an  appeal  under  section  120  of   the  Resource  Management  Act   1991   BETWEEN       BLUESKIN  ENERGY  LIMITED     Appellant                AND   DUNEDIN  CITY  COUNCIL       Respondent    ...

3. Craig - Wainui 2F4D (2005) 37 Kaikohe MB 19 (37 KH 19) [pdf, 687 KB]

   ...part of the land to daughter Bertha, with the Applicant retaining the balance, and (b) each to sell a part in order to build or develop the balance each retained. In support, the Applicant relies upon the Maori Appellate Court decision Re White (Appeal 1998/18) and the Court of Appeal decision Bruce & Ors v Edward & Ors [2002] CA 19/02. Applicant's counsel argues that, in determining effective management and utilisation of land, the Court must not only take an objective vi...

4. Freemans Bay Residents Association Inc 187 [pdf, 527 KB]

   Before the Environment Court ENV-2016-AKL-000187 In the matter of: Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 (RMA) - Appeal against decision on proposed Auckland combined plan - s 156(1) of the LGATPA - Topics 062, 063 & 081/083 - Rule H6.6.6 Height in relation to boundary - Residential - Terrace Housing and Apartment Building Zone And: Lynne Butler, Paul Gregory, Gunn Family Trust, Lydia Hewitt, Trevor Lund...

5. [2009] NZEmpC CC 21/09 Solid Energy Nz Ltd V Manson Ors [pdf, 73 KB]

   ...reimbursement of the remuneration lost over the 12 months following their dismissal. The plaintiff opposed any extension of the sums prescribed by subsection (2). [42] For the plaintiff, Mr Shaw referred me to the decision of the Court of Appeal in Rongotai College Board of Trustees v Castle 1 in support of the proposition that there must be a causal link between the plaintiff’s actions and the loss suffered to found a claim for reimbursement. Based on this general pro...

6. [2024] NZEnvC 154 100WPS Trustees Limited v Queenstown Lakes District Council [pdf, 464 KB]

   100WPS Trustee Limited v QLDC – Erratum IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 154 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN 100WPS TRUSTEE LIMITED (ENV-2023-CHC-37) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan – sitting alone under s279 of the Act Last case event: 26 June 2024 Date of...

7. Barry Knox [pdf, 167 KB]

   In the Environment Court of New Zealand Christchurch Registry ENV-2016-CHC-47 Under the Resource Management Act 1991 (RMA) In the matter of an appeal under section 120 of the RMA Between Blueskin Energy Limited Appellant And Dunedin City Council Respondent Statement of evidence of Barry Knox 24 February 2017 Respondent's solicitors: Michael Garbett Anderson Lloyd Level 10, Otago House, 477 Moray Place, Dunedin 9016 Private Bag 1959, Dune...

8. Henry v Wood - Part Whakanekeneke 1B (2014) 85 Taitokerau MB 175 (85 TTK 175) [pdf, 150 KB]

   ...Sections 6 & 91 Land Trust (2005) 155 Aotea MB 269 (155 Aot 269), Eriwata v Trustees of Waitara SD Sections 6 & 91 Land Trust (2005) 26 Whanganui Appellate Court MB 192 (26 WGAP 192) at [8], Nicholls v Nicholls – Part Papaaroha 6B [2013 APPEAL 598], Thompson v Oppert –Wharekawa 5B South 4B1 and Wharekawa 5B South 4B2B2B2 (2006) 109 Hauraki MB 21 (109 H 21) and Trustees of Okahukura 8M2C2C2B v Christensen (2006) 176 Aotea MB 42 (176 AOT 42) http://www.brookersonline.co.nz...

9. S Dwan v Park No 3 Trust & Ors [2013] NZWHT Auckland 10 [pdf, 209 KB]

   ...that she found the situation stressful from 2007 when she discovered the property leaked until the claim was settled. She found it difficult to work full time because of the worry and uncertainty. She could not plan her life. [6] The Court of Appeal in Byron Ave2 provided a guide for damages in such situations at $25,000 for an owner occupier in Ms Dwan’s circumstances and I find that her evidence shows she is entitled to this level of damages. [7] Ms Dwan obtained an overdr...

10. [2018] NZEnvC 240 The Wolds Station Limited & Ors v Mackenzie District Council [pdf, 1.7 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 240 of the Resource tI(1anagement Act 1991 of appeals under clause 14(1) of the First Schedule to the Act THE WOLDS STATION LIMITED (ENV-2009-CHC-187) FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH (ENV-2009-CHC-193) MOUNT GERALD STATION LIMITED (ENV-2009-CHC-181 ) MACKENZIE PROPERTIES LIMITED (ENV-2009-CHC-183) MERIDIAN ENERGY LIMITED...