Search Results

1. MacDonald - Oraka 4A2 (2006) 111 Wairoa MB 32 (111 WR 32) [pdf, 194 KB]

   ...Act 1993. These reflect the primary objectives ofTe Ture Whenua Maori Act 1993 which is the retention, use and development of Maori land by its owners, their whanau and hapu. [15] In Valuer-General v Mangatu Inc (1997) 641, 649-651, the Court of Appeal considered the application of the preamble, sections 2 & 17 to change of status application. The Court stated: TJ1t~ Mi'inri T.nnd f'n1Jrt v't:t>rr:ls:p.s its nnwers and resvonsibilities in relation to avvlicatio...

2. Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239) [pdf, 257 KB]

   ...1 Mr Hemana was appointed sole responsible trustee on 19 December 2014 at 36 Takitimu MB 254 (36 TKT 254) 2 144 Napier MB 93-94 (144 NA 93-94) 3 [2015] Māori Appellate Court MB 657 (2015 APPEAL 657) 61 Tākitimu MB 241 [6] From 1996 until approximately 2005 the Tauwhareroa trust effectively administered the Mohaka A4 block, contrary to the Mohaka A4 Trust’s role as trustee. The Tauwhareroa trust received income due to t

3. [2017] NZEnvC 139 MacKenzie v Vavasour Investments Limited [pdf, 243 KB]

   ...consent under Rule E15.4 A19 as a restricted discretionary activity; (b) A number of other rules in the AUP also apply, including buildings in an Outstanding Natural Landscape (which is a discretionary activity); 4 (c) Because of an outstanding appeal against a rule in the AUP relating to the number of dwellings permitted on the site, the development also requires consent under the Rodney section of the Auckland Council District Plan as an integrated residential development in...

4. Michael Moore – Rebuttal (dated 12 June 2017) [pdf, 6.4 MB]

   BI-309448-3-771-V1 BEFORE THE ENVIRONMENT COURT CHRISTCHURCH REGISTRY ENV-2016-CHC-47 IN THE MATTER Of an appeal under section 120 Resource Management Act 1991 BETWEEN BLUESKIN ENERGY LIMITED Appellant AND DUNEDIN CITY COUNCIL Respondent REBUTTAL EVIDENCE OF MICHAEL WILLIAM MOORE ______________________________________...

5. [2017] NZEmpC 110 Below v The Salvation Army NZ Trust [pdf, 131 KB]

   ...increase or contain costs. 6 In reliance on Items 9, 11/14, 12/15, 13, 16, 43, 45, 46 and 47. [12] The principles are well established and uncontroversial, as described in the Court of Appeal judgments of Victoria University of Wellington v Alton-Lee, 7 Binnie v Pacific Health Ltd 8 and Health Waikato Ltd v Elmsly. 9 [13] Under the scale, the assessment of reasonable costs may be made by applying the daily recovery rate...

6. [2019] NZEnvC 031 West Coast Regional Council v Westland District Council [pdf, 176 KB]

   ...independent peer review both of the initial application and the further information received; (c) since 21 December written approvals have been obtained from all parties; (d) all consents applied for were granted on 21 January 2019; and (e) the appeal period expires 15 working days after the decision is received by the parties, at the earliest 12 February 2019. Discussion [7] While the court is disappointed to have before it a further application to amend the enforcement orders,...

7. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...and the Respondents requiring the activities to cease, all of which proved to be fruitless. The Council had served parking infringement notices, resource management infringement notices and an abatement notice on Mr O'Connell, who had not appealed the abatement notice, nor contested any of the infringement notices, nor paid any of the infringement fees. A feature highlighted in Mr Dobbie's affidavit was threatening and abusive conduct on Mr O'Connell's part towards...

8. Priestly v Tawa - Tuaropaki A (2018) 191 Waiariki MB 234 (191 WAR 234) [pdf, 282 KB]

   ...3 184 Waiariki MB 220-224 (184 WAR 220-224). 4 327 Rotorua MB 180-184 (327 ROT 180-184). 5 Rameka v Hall [2013] NZCA 203; and Apatu v Puna - Owhaoko C1 [2010] Māori Appellate Court MB 34 (2010 APPEAL 34). 191 Waiariki MB 238 [17] The application for removal of Marilyn Khan as trustee of the Mokai Marae must fail as she is not a trustee of that trust. Arapiu Seymour [18] The applicants submit that Arapiu Seymour should

9. ARLA PNG 1 [pdf, 177 KB]

   ...followed in the administration of this Act or any provisions of it; or (c) any information obtained by the authority from any inquiry held by it or from any other source. (2) A statement must not relate to a matter that may be a ground for an appeal against a decision of a licensing committee. (3) In performing its functions under this Act, a licensing committee must observe every statement issued under this section. This is the first such practice direction and statement is...

10. Brodav Ltd v Waters [pdf, 28 KB]

    ...counsel). 19. Where the alleged bad faith involves public authorities or abuse of executive power the courts give a more restrictive meaning to “bad faith” by requiring an element of dishonesty be proven. As McMullin J stated in the Court of Appeal decision in Webster v Auckland Harbour Board (supra) there is generally difficulty in establishing bad faith against public authorities. (page 683) A broader interpretation is given in other situations, such as in this claim....