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1. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...parties or submitters to join the proceedings. 19. In my submission successors to any 274 parties would automatically be able to continue their involvement in the direct referral process4 and any successors to a submission could seek to join the appeal as a section 274 party using the waiver process described above. 1 Section 274(1)(d) of the RMA 2 Section 274(1)(e) of the RMA 3 Te Mauri o Te Wai Inc v Northland Regional Coun...

2. Potaka-Dewes v Kereama - Whakarewarewa 2B (2016) 142 Waiariki MB 281 (142 WAR 281) [pdf, 230 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. [15] Rule 8.1 of the Māori Land Court Rules 2011 (“the 2011 Rules”) also governs rehearing app...

3. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...established to require that HNZ exercises its powers to require information in a way that protects individual privacy. For example, there is a requirement to consult with the Privacy Commissioner about the content of the code of conduct. 35. The Court of Appeal has said that the main aim of s 21 is to protect privacy interests: “It is only where a person’s reasonable expectations of privacy have been breached that a personal remedy under the Bill of Rights... is available. The reas...

4. Tere - Kinohaku West TT1 [2021] Chief Judge's MB 574 (2021 CJ 574) [pdf, 362 KB]

   ...s 45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [9] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:5 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...

5. Collier - Torere Reserves Trust (2020) 241 Waiariki MB 13 (241 WAR 13) [pdf, 261 KB]

   ...prohibit the distribution of money collected for rent, purchase, royalties, etc. of the alienation of land, or of compensation payable in respect of other revenue derived from the land, affected by any order to which an application under s 45 or an appeal under Part 2 relates. [30] The established principles for granting a permanent injunction have been addressed by the Māori Appellate Court in Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block as follows:6 [15] In...

6. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...freezing order could be made, the Court had to be satisfied that the applicant had a “good arguable case on an accrued or prospective cause of action” against the respondent.4 The Court was satisfied to the necessary standard. [24] The Court of Appeal has confirmed that a good arguable case is established if the allegations in the proposed claim are capable of tenable argument and are supported by sufficient evidence, bearing in mind the early stage at which the application is...

7. Pritchard v Toa-Wairere - Rangitatau Waitotara 3C2B2 3C2B3 (2021) 432 Aotea MB 112 (432 AOT 112) [pdf, 250 KB]

   ...concerning the use of the land and related activities were also again raised, and I pointed out that those matters and the issues set out in the farm consultant report had been canvassed in my earlier decision of 4 December 2019, which had not been appealed. At the conclusion of the hearing, I appointed the three nominated trustees for whom there were no objections and adjourned the application to chambers for a decision to issue in due course concerning the appointment of the remain...

8. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...Waikato-Maniapoto ACMB 34. This case also concerned the election of trustees to a Maori reservation where the Lower Court, following a hui of beneficiaries, made orders removing trustees and appointing replacements. The Appellant, who was a beneficiary, appealed both orders. The Maori Appellate Court held that as the trustees who were removed had expressed a desire to resign, there was no issue with those orders. However, had any of the trustees disputed their resignations they would have...

9. Lake - Ngarara West B3B Trust (2003) 134 Aotea MB 20 (134 AOT 20) [pdf, 415 KB]

   ...[1988] 1 NZLR 197. The legal principles identified in the Maori Appellate Court decision in re Rata - Te Rongoroa A7 (1991) 13 Aotea Appellate MB 228 are relevant to the Termination Application, even though it deals with the previous legislation. That appeal concerned the refusal by the Lower Court to terminate Te Rongoroa Farm and Forest Trust in respect of Te Rongoroa A7 and to form a trust in respect of Te Rongoroa A7 and Part A8. In that case the Appellate Court had to consider wheth...

10. [2017] NZEnvC 038 Gravatt v Pierau [pdf, 547 KB]

    ...The Respondent Mr Pierau having been refused resource consent by Auckland Council to hold outdoor art, dance and music events, weddings and corporate functions on the southern part of his 31.8437 Ha rural site at 186 Atkins Road Tomarata, (under appeal lodged late last year but unlikely to be resolved until the second quarter of 2017), now proposed to hold a "Shipwrecked Festivaf' there during Waitangi weekend in early February, purportedly as a permitted temporary activity....