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1. LCRO 263/2015 DH v EI costs [pdf, 94 KB]

   ...functions in the public interest because of concerns about cost orders. He submitted the same principle ought to be applied to costs awarded by this Office. [10] In support of this submission, Mr GK referred to the judgment of the UK Court of Appeal in Baxendale-Walker v The Law Society which,4 he advises, has been referred to by the Lawyers and Conveyancers Disciplinary Tribunal “on a number of occasions, including New Zealand Law Society v Hall”.5 [11] He included the fol...

2. [2018] NZEnvC 49 Self Family Trust v Auckland Council (Annexures) [pdf, 3.1 MB]

   , . . ', I 167 Annexures MAP INDEX X Topographical map of appeal area A Site location map B IHP's RUB C AC RUB and Puhinui Precinct Zoning o Coastal Environment E Maori Cultural landscape Puhinui Precinct F Overlays (inc! MANAlHANA) G Puhinui: Precinct Plan 5 sub-precincts H Crater Hill ONF !lISCl~, I~EJII : This map/ plln is n;"mal l~~ M.iV II'IC ~n IflIO'~'il ' on l~ o\:ld ~ i ~ ,~~~,de;>i :I'~e rirr~d OfllJl~ b...

3. Malcolm v Hahipene - Te Karaka 1B2B1 (2024) 318 Waiariki MB 24 (318 WAR 24) [pdf, 264 KB]

   ...changing the status of Te Karaka 1B2B1 from Māori freehold land to General land. 1 SA12C/26, Certificate of Title Under The Land Transfer Act, S.502804, 2 December 1970. 2 Malcolm – Te Karaka 1B2B1 (1996) 1 Waiariki Appellate MB 31 (1996 APPEAL 31). 318 Waiariki MB 26 [7] On 16 October 1996 the Māori Appellate Court made a conditional order declaring that the status of the Land was Māori freehold land at the request of its owners, Te Poroa and Grace Ritohau.3 The orde...

4. Dunn v Accident Compensation Corporation (Strike out) [2024] NZHRRT 41 [pdf, 238 KB]

   ...the time of his accident. 3 the inadequacies of a particular report, and ACC’s lack of transparency. On 13 October 2014 Mr Dunn applied to review ACC’s suspension decision and, in December 2014, the decision was upheld. Mr Dunn then appealed the review decision to the District Court. In May 2017 ACC agreed to overturn the suspension decision and Mr Dunn withdrew his District Court appeal. [9] Subsequently, on 12 January 2018, Mr Dunn and ACC agreed an individual reha...

5. Wiri v Tuuta-Rurehe - Lot 62 DP 7991 Ruapani Ki Waikaremoana (2024) 127 Tairawhiti MB 199 (127 TRW 199) [pdf, 282 KB]

   ...was established on 12 March 1996.2 The Trust is a Whenua Tōpu Trust, established under section 216 of Te Ture Whenua Māori Act 1993 (the Act). The trust order 1 In Te Whata v Paku - Akura Lands Trust [2011] Māori Appellate Court MB 55 (2011 APPEAL 55), at [19], the Māori Appellate Court confirmed the principle that no trust should be left without trustees. 2 95 Wairoa MB 8-41 (95 WR 8-41). 127 Tairāwhiti MB 201 of the Trust was most recently varied by the Court on...

6. [2024] NZEnvC 232 Auckland Council v Eco Earth NZ Limited [pdf, 372 KB]

   ...hearing. [12] Considering the impact the Site may have on Mobil, and the concerns it has regarding the stockpile and the potential risks of slope failure, gas explosions and flooding, I consider that it is appropriate that it be allowed to join the appeal out of time. [13] The application for waiver is granted. ______________________________ MLJ Dickey Environment Judge

7. 3 December 2024 Woolworths New Zealand Ltd v Hamilton City Council [pdf, 236 KB]

   ...Topic 2: Location of Local Centre - Proposed Plan Change 5 - Peacocke Structure Plan (Hamilton City) SCHEDULE OF PROCEEDINGS Woolworths New Zealand Limited v Hamilton City Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2023-AKL-000043 Topic:

8. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...actual loss or harm resulted from the agency’s conduct, and in Barfoot the purchasers were able to cancel the agreement for sale and purchase. [41] Mr McMullan referred to the penalties in both these cases. In Barfoot, the Tribunal on an appeal from the Committee, substituted the Committee’s penalty of $4,000 for one of $3,000, taking into account that the agent was entitled to credit for his lack of previous disciplinary charges. In Kek, the Tribunal also on appeal from the...

9. dcj-eoi-form-2024-Word-version [docx, 25 KB]

   ...overseas jurisdictions) and in what capacity: Please indicate, by ticking the boxes, the extent of your experience, both civil and criminal, in the following: Court Supreme Court Civil Criminal Details, including number of appearances Court of Appeal Court Civil Criminal Details, including total years’ experience High Court Appellant work High Court District Court Total Family Court Youth Court Environment Court Employment Court...

10. [2024] NZLVT 057 – Dobbie v Far North District Council (31 October 2024) [pdf, 269 KB]

    ...the incorrect notice of valuation. In knowledge of this error both parties have consented to the Tribunal finalising the objection. I take this to be a voluntary submission to jurisdiction agreeing to the incorrect notice for the purposes of this appeal only. I conclude there is nothing to prevent such mutual waiver where there is no injustice to any party to resolve a genuine valuation issue. Given that the parties have agreed on an appropriate valuation for the properties, I wi...