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  1. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

    ...and possession. When combined with the 2 166 Taitokerau MB 158-179 (166 TTK 158-179). 3 Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60). 4 Te Hokowhitu v Proprietors of Matauri X – Matauri X [2010] Māori Appellate Court MB 566 (2010 APPEAL 566). 174 Taitokerau MB 54 relevant sections of the Land Transfer Act 1952, the Incorporation became the legal...

  2. LCRO 194/2016 LC v BD (22 November 2018) [pdf, 157 KB]

    ...scope of review [19] The nature and scope of a review have been discussed by the High Court, 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...

  3. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

    ...scope of review [28] 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 … 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...

  4. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

    WYUNA PRAI v QLDC – FINAL DECISION 2021 IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 123 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN WYUNA PRESERVE RESIDENTS ASSOCIATION INCORPORATED (ENV-2018-CHC-143) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner J...

  5. LCRO 113/2020 SM v YL (7 May 2021) [pdf, 141 KB]

    ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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...

  6. Duncan v Osborn - Koukourarata Maori Reserve 874 1C2 (2022) 78 Te Waipounamu MB 267 (78 TWP 267) [pdf, 325 KB]

    ...must fulfil the legal elements relating to the action of trespass, the Court then has a discretion as to whether to grant the injunction. 8 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 (2014 APPEAL 60), at [15]-[17]. 78 Te Waipounamu MB 273 [21] Donaldson v Hemi summarised the principles regarding permanent injunctions: 9 (a) A permanent injunction may be granted pursuant to s 19(1)(a) of the Act where a trespass...

  7. [2024] NZEmpC 175 Harte v Midwifery Employer Representation and Advisory Service Inc [pdf, 211 KB]

    ...demarcation questions between the issues to be addressed at the first trial and those left for the second? (b) Will the separate question bring the proceedings to an end? (c) What potential time saving does the separate question offer? (d) How will appeals be dealt with? (e) Are there any other practical considerations tending one way or the other? [18] As I will indicate shortly, I was addressed on these criteria. I agree that they are useful. 9 At [7]. 10 Haden v Attor...

  8. [2019] NZEnvC 041 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 1.3 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC41 of the Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent...

  9. AD v Secretary for Justice 2 April 2012 NZRA 000006 [pdf, 92 KB]

    ...Secretary for Justice dated 7 February 2012. [2] In that decision the Secretary gave approval for the applicant to be a lead provider for legal aid services under the Legal Services Act 2011 for Criminal PC 1, 2, and 3, Mental Health and Court of Appeal/Supreme Court. In addition the applicant received approval for Specified Legal Services for PDLA and Duty Solicitor. [3] The Secretary declined approval as a lead provider in Criminal Proceedings Category 4. [4] In doing so, t...

  10. Scarborough v Kelly Services NZ Ltd (Costs) [2016] NZHRRT 3 [pdf, 48 KB]

    ...unsuccessful proceedings brought by her in the Employment Court against a previous employer (Micron Security Products Ltd) she has been ordered to pay two sets of costs of approximately $19,000.00 and $5,500.00 respectively. Those orders have been appealed by her to the Court of Appeal. [6.5] She supports a 20 year old daughter who attends University and Ms Scarborough also pays $74 per week in child support for her son. Discussion [7] The Tribunal’s discretion to award costs is a...