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1. 2021-03-08 ORC - Opening Subs (Philip Maw) [pdf, 226 KB]

   ...desirability of preparing a regional plan when the implementation of a NPSFM arises, or is likely to arise. [99] It is also important to bear in mind that the Environment Court’s jurisdiction is functionally limited. It is confined by the scope of appeals, and in turn further limited by the scope of submissions and further submissions. I agree with Mr Maassen’s submission that the Environment Court does not sit in an executive plan-making and plan-changing role. That is the...

2. [2020] NZEnvC 213 Federated Farners of New Zealand Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND AND AND AND Decision No. [2020] NZEnvC '2 t 3 of the Resource Management Act 1991 three appeals under clause 14 of Schedule 1 to the Act FEDERATED FARMERS OF NEW ZEALAND INCORPORATED (ENV-2017-AKL-146) CNI IWI LAND MANAGEMENT LIMITED (ENV-2017-AKL-148) MAORI TRUSTEE (ENV-2017-AKL-149) Appellants BAY OF PLENTY REGIONAL COUNCIL Respondent ROTORUA DISTRICT COU...

3. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

   2 Contents Introduction .................................................................................................. 5 Your role and responsibilities ....................................................................... 6 Policy lead for the justice system ....................................................................................... 6 Constitutional law ..........................................................................................................

4. [2024] NZEnvC 127 100WPS Trustee Limited v Queenstown Lakes District Council [pdf, 18 MB]

   100WPS Trustee Limited v QLDC – Consent Order IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 127 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN 100WPS TRUSTEE LIMITED (ENV-2023-CHC-37) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent...

5. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...was able to identify any relevant authorities. The plaintiff’s argument appears to be a novel one. [14] Whoever has the benefit of a judgment is entitled to the fruits of it, unless the opposing party can show that, absent a stay, any right of appeal would be rendered nugatory or there would be the likelihood of a substantial miscarriage of justice. In Duncan v Osborne Building Ltd 7 the respondent had successfully applied for summary judgment against the appellant. The respon...

6. Big Hill Station v Hemana - Awarua o Hinemanu Trust (2015) 39 Takitimu MB 16 (39 TKT 16) [pdf, 191 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. [18] In Henare v Māori Trustee – Parengarenga 3G the Māori Appellate Court discussed the appro...

7. Vercoe v Keepa - Ruatoki B92 and Ruatoki B13A 2A (2015) 131 Waiariki MB 31 (131 WAR 31) [pdf, 301 KB]

   ...should Mr Keepa be removed as a trustee? And are any further orders required to enforce the obligations of trust? 1 Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189-195 (2015 APPEAL 189- 195) 131 Waiariki MB 32 Background [3] Ruatoki B 92 is Māori freehold land comprising 34.875 ha created by partition order on 11 March 1993. 2 The block is administered by the Ruatoki B 92 ahu whenua trust. The...

8. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...despite the prior proceedings in the READT? [4] In July 2013, CU made a complaint to the Complaints Assessment Committee (CAC) of the Real Estate Agents Authority. In April 2014, the CAC decided that no action was warranted. CU appealed to the READT. In December 2014, the READT issued a decision in which it found that XG was in breach of the rules governing the conduct of licensees for failing to disclose that piles were in need of repair. However, it declined to aw...

9. Faleauto v DE LCRO 99/2015 (29 November 2016) [pdf, 101 KB]

   ...of Review [14] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 [39] … 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. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

10. LCRO 247/2014 GG v HH and II (15 August 2017) [pdf, 134 KB]

    ...of review [27] The nature and scope of a review have been discussed by the High Court, 5 which said of the process of review under the Act:1 … 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 that...