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1. Tehei - Succession to Taiparoro Hirini [2025] Chief Judge's MB 1356 (2025 CJ 1356) [pdf, 819 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.3 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [17] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:4 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the co...

2. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

   ...these were vested in the Whakatōhea Māori Trust Board as responsible Trustee5. The blocks were Opape 236 and Opape No 12P7. 1 NZ Gazette, 1866, No 3, p17 2 NZ Gazette, 1866, pp 347-348 3 (2010 APPEAL 12) - (PDF, 210 KB) 4 See also Faulkner v Tauranga District Council [1996] 1 NZLR 357 5 69 Ōpōtiki MB 184 (69 OPO 184); 68 Ōpōtiki MB 199 (68 OPO 199). 6 Opape 23 containing 5092.943 hectares situated in Blocks VI, VII, IX, X, X...

3. August National Panui 2020 [pdf, 494 KB]

   Contents: Applications for hearing in AUGUST | HERE-TURI-KÖKA 2020: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz AUGUST | HERE-TURI-KÖKA 2020 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For m

4. LCRO 95/2024 HC v RB (30 July 2025) [pdf, 428 KB]

   ...support person for the applicant. What is the nature and scope of the review? [51] The High Court has said of the process of review under the Act:5 … 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...

5. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...sentenced. What little use there was of the provision appeared to be concentrated in a few courts. There has been little information collected about the use and effect of section 16 since this study. 1.4 Interpretation of section 16 A judgement of the Appeal Court in 19877 has provided significant interpretation of section 16. In the District Court, the appellant had applied under section 16 for members of Mätua Whängai to be able to address the Court. The District Court Judge had held t...

6. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT Court: Decision [2016] NZEnvC C->5\ ENV-2015-AKL- 000039 IN THE MATTER of an appeal under s120 of the Resource Management Act 1991 BETWEEN CRADDOCK FARMS LIMITED Appellant AND THE AUCKLAND COUNCIL Respondent Environment Judge C J Thompson Environment Commissioner K A Edmonds Deputy Environment Commissioner D A Kernohan Hearing: at Auckland 26,27, 30 November, 1,3 December 2015 Site inspections 2 December 2015 Final submissions 9 February 201...

7. [2022] NZEnvC 060 Eden-Epsom Residential Protection Society Inc v Auckland Council [pdf, 1.2 MB]

   ...April 2022 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT ON PROPOSED PLAN CHANGE A: Request for plan change refused. B: Costs reserved REASONS Introduction The Society had appealed a decision of a majority of independent hearing commissioners approving Proposed Private Plan Change 21 (PPC21) to the Auckland Unitary Plan operative in part (AUP). The plan change was to enable expansion and intensification of deve...

8. LCRO 40/2023 DG v [Area] Standards Committee [X] (13 March 2024) [pdf, 497 KB]

   ...review generally [56] 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...

9. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...discovered, the value of the property is unaffected and the cause of action has not accrued. In the leading judgment Tipping J refers to Hamlin and says: Hamlin’s case [39] The best starting point lies with the decisions of the Court of Appeal and the Privy Council in the Hamlin litigation, which concerned latent damage to buildings.21 In his judgment in the Court of Appeal in that case, McKay J said:22 Page 26 “The ordinary time limit for an action in contract...

10. Smith v Wellington City Council [pdf, 146 KB]

    ...the High Court that adjudicators did not have the power to make awards of general damages. This was in a judgment by Stevens J in Hartley v Balemi & Ors, Auckland High Court, CIV 2006-404-002589, 29 March 2007. This judgment considered an appeal against a WHRS adjudication Determination, in which the learned judge held that general damages claims for mental stress did not fit comfortably within the overall scheme of the WHRS legislation and its underlying policy consideration...