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1. 2021-03-11 Transcript of 8-9 March 2021 - E&OE - not complete [pdf, 1 MB]

   ...was the National Policy Statement for Freshwater Management 2014 (which came into force following the Council’s decision on proposed change 5 to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd 5 [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of...

2. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...applications for variation. It was unsurprising therefore that the trustees had decided to proceed with the TPA. Discussion [65] In The Trustees of Pukeroa Oruawhata v Mitchell 27 the Court of Appeal underscored the importance of strict adherence to s 244 whenever the Court’s discretion to vary a trust order was invoked. A three step process was necessary that included notice to the beneficiaries, of the proposed variatio...

3. July National Panui 2020 [pdf, 478 KB]

   ...2003) - Application to the Chief Judge A20200004823 45/93 Anna Anderson Wahapo Tipene - against a succession order at 5 KH (s) 197 -201 dated 31 October 2005 (31 October 2005 - Application to the Chief Judge A20200004983 58/93 John Thornton McLeod Appeal 2020/3 - Harataunga West 2B 2A 1 (Te Paea o Hauraki Mäori Reservation) and a decision of the Court made at 198 Waikato-Maniapoto MB 5-34 dated 12 February 2020 - Notice of Appeal A20200005044 45/93 Elizabeth Anne Fong Raiha Hori K...

4. Māori Land Court - Rule 5.11 Schedule - May 2017 [pdf, 1.2 MB]

   ...Wendy Hohaia Green or Puti Green or Wendy Green or Wendy Puti and succession orders made at 108 Waikato Maniapoto MB 30-33 (5 October 2015) - Application to the Chief Judge 45/93 Wallace King 1. Awaiting Administrative Action A20160004206 15/07/2016 Appeal 2016/4 - Waipapa 1D 2B 3B - against an injunction order made at 352 Aotea MB 211-232 on 12/05/2016 - Notice of Appeal (Respondent: Amy Amiria Walker) 58/93 Leslie Erle Flight 3. Awaiting Client Action or Information A20160004266 20/07/201...

5. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

   ...Policy Statement and Part 2 is the Regional Plan It was first notified in May 2007 and became fully operative on 19 December 2014. Plan Changes PC-1 (2016) and Plan Amendments 1 (2018) and 2137 (2022) are operative. Proposed PC-2 (2019) is under appeal, and is focused on the management of nutrient losses and as such is not considered relevant to the Ō2NL Project. Horizons Regional Policy Statement (RPS) 188. I have assessed the application against what I consider to be the...

6. Appendix-4_Peter-Kinley_-s87F-Report_Flooding-and-Hydrology_28-April-2023.pdf [pdf, 1 MB]

   ...(Ō2NL Project) Prepared by Peter Kinley – Hydrology and Flooding 8 20. In preparing my report, I have considered the planning framework within the One Plan and Greater Wellington Regional Policy Statement / Natural Resources Plan (appeals version) (“Natural Resources Plan”).1 While Mr St Clair will address the planning matters arising from application of these policies to the Ō2NL Project, this framework (and policy direction) is relevant when considering the e...

7. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...deliberately assaulted Mr Dodd and heard the immediate explanation from Mr Kostic that it was an accident, Mr Milligan would have said and done nothing. [79] In making a finding of fact on this issue, I have regard to the decision of the Court of Appeal in Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 where, at paragraph [20], they described the standard of proof to be applied in employment proceedings as “the balance of probabilities flexibly applied according t...

8. ENVC Hearing 6Oct14 WML evidence chief Jon Styles [pdf, 425 KB]

   ...application for Resource Consent was lodged. Since that time, the noise-related provisions of the Operative Auckland City District Plan – Hauraki Gulf Islands Section, (ODP) have become fully operative following the resolution of all related appeals. Notwithstanding, very little of the proposal is above Mean High Water Springs (MWHS) and therefore subject to the ODP provisions. Most of the noise-generating aspects of the proposal are located below MWHS and are therefore subj...

9. DA v EB LCRO 7/2013 (26 August 2014) [pdf, 125 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review hearing [43] Ms DA attended a review hearing in Auckland on 11 Ma...

10. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

    ...internal departments and/or individuals who may have access to the Information of the obligations imposed by paragraph 1 (a) above. c That the above orders continue until further order of the Tribunal, or the conclusion of the proceedings (including any appeals). [7] The grounds on which the order are sought are as follows: a The Information sought by the plaintiff relates to events occurring as early as 2011. b The Tribunal is unlikely to hear and determine the plaintiffs case before...