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1. Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) [pdf, 732 KB]

   ...Post and the Whakatane Beacon on 2 September 2017. The advertisements also included the proposed resolutions. 14 Smith v Courtney – Ohuirua No 2 Block [2011] Māori Appellate Court MB 284 (2011 APPEAL 284). 15 Brief of evidence of Kevin Haua dated 3 November 2017 at Exhibit “F”. 16 Ibid at Exhibit “G”. 17 Ibid at Exhibit “H”. 156 Waikato Maniapoto MB 97 [75] A resolution was put to the owners at the AGM which reads...

2. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...2101895 | 5755861v1 page 18 Figure 2. Variation in instream habitat (Area Weighted Suitability) for fish and benthic invertebrates with flow at SH8 (lower) reach in the Lindis River (copied from Dr Jowett’s evidence presented to the 2018 Appeal Hearing on Plan Change 5A to the Regional Plan Water for Otago (ENV-2016-CHC-61). 71 The area of suitable benthic food-producing habitat is critical in determining the carrying capacity for fish. If flows are insufficient to maintain...

3. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   ...particular caution before substituting his own judgment for that of the Standards Committee, without good reason.2 [21] The High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust....

4. [2023] NZEnvC 271 One Tasman Development Limited Partnership [pdf, 412 KB]

   ...complete and the Independent Hearing Panel is required to release its recommendations to enable the Council to make its decisions on the IPI by 20 March 2024, at which point the ODP provisions will fall away and no longer be relevant. There are no appeals rights against the Council’s decisions on the IPI provisions; 1 JWS Planning, Table 2 at [28]. 7 4. there were no submissions on the CCZ provisions in relation to the site’s building height threshold (28.5m) other than the...

5. MLC 2018 January National Panui [pdf, 219 KB]

   ...rmation 30 NATIONAL PÄNUI - Kohi-Tätea / JANUARY 2018 Te Kooti Whenua Mäori | Mäori Land Court Sittings 2017/2018 TE KOOTI PIRA MÄORI | MÄORI APPELLATE COURT SITTINGS 2017/2018 All Districts* Sitting Date Closing Date for lodgement of Appeals 19 February 2018 – 23 February 2018 10 November 2017 7 May 2018 – 11 May 2018 9 February 2018 6 August 2018 – 10 August 2018 11 May 2018 5 November 2018 – 9 November 2018 10 August 2018 * Actual venues, dates and times to be ad...

6. Dr Te Kipa Kepa Brian Morgan - Evidence in Chief [pdf, 2 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF EVIDENCE OF DR. TE KIPA KEPA BRIAN MORGAN ON BEHALF OF MOTITI ROHE MOANA TRUST 26th October 2017 Counsel Acting RB Enright Barrister Level 1, Stanbeth House 28 Cust...

7. Fish & Game – EiC – B Farrell – Planning (5 Feb 2021) [pdf, 1.2 MB]

   ...of the Draft Regional 1 Now 4Sight Limited 2101895 | 576974 page 4 Water Plan for Southland 2015. I provided expert planning evidence and an affidavit before the Environment Court on appeals on the Proposed Southland Water and & Land Plan (engaged by the Royal New Zealand Forest & Bird Protection Society and Southland Fish and Game). (e) In addition to my qualifications and experiences as a planner I am a full...

8. RIS - Abortion Law Reform [pdf, 750 KB]

   ...settings show: • The High Court has found that there is nothing on which to base a right to abortion for women under the NZBORA, unlike what has been found in other jurisdictions (as these are based on constitutional guarantees). • The Court of Appeal has held there is no legislative basis in the CSA Act to derive generally an express right to life of the unborn child. In New Zealand the common law “born alive” rule applies, which means that there are generally no legal rig...

9. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

   ...http://www.legislation.govt.nz/act/public/1993/0082/latest/link.aspx?id=DLM304900#DLM304900� 8 15. In Sheppard Industries Ltd v Specialized Bicycle Components Inc [2011] NZCA 346, [2011] 3 NZLR 620 a case in which the parties disputed what had occurred at a mediation, the Court of Appeal distinguished between evidence which goes towards “whether there was a genuine settlement or to its meaning” and evidence which establishes the parties’ positions on the merits of the underlyi...

10. OIA-101731.pdf [pdf, 12 MB]

    ...and the credibility of the justice system • provide scope for unscrupulous lawyers to ‘game the system’ by advancing multiple matters on a rostered day to substantially increase their income • are likely to lead to an increase in appeals when defendants regret the early entry of a plea, or sentencing when only initial i. The fees are not to encourage guilty pleas. Where a plea is entered an additional fee is payable for a guilty, or a not guilty plea. It is true...