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1. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...iwi Māori kia taea ai ēnei kaupapa te whakatinana. Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of th...

2. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 63 KB]

   ...Commission. 7. Ms. Benesia SMITH (New Zealand) said that in New Zealand the legal framework for the elimination of racial discrimination was derived from the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, which continued to provide the protective measures and the sanctions outlined in previous reports. 8. During the period under consideration, the Parliament had adopted the Human Rights Amendment Act 2001, which offered a publicly funded complaints process as well as...

3. Oslo speech for IUCNAEL Colloquium June 2016 [pdf, 290 KB]

   ...over-exploitation of natural resources and irreversible environmental impacts from human activity; managing the challenges 2 Sustainable management [3] Essentially the approach of the RMA is to provide for a balance between environmental protection, and development and human use of land, air, water and soil. The “environment” is very broadly defined to include all things natural, physical, and people, all of which are to be governed in an integrated fashion. Decision maki...

4. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...however relate to the nature of its use at the time the application is filed under the Act. The relevant consideration is whether it was intended to have as its principal use occupation as a private residence. [57] The Act is in part consumer protection legislation and was designed to assist the owners of leaky homes. It was not intended to provide assistance for the owners of commercial properties to resolve disputes in relation to leaky buildings. This is the main reason f...

5. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...enquiries. [19] However, the Committee decided that any “failings” by Mr TL in responding to Mr MC’s inquiries “were minor” and “not of sufficient gravity” as to contravene r 3.2 of the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008 (the Rules). [20] In reaching that position, the Committee (a) acknowledged that due to other client work a lawyer’s response “may not always be as timely as a client would like”, (b) observed Mr TL’s communic...

6. [2023] NZEnvC 198 Stilwell v Opotiki District Council [pdf, 8.3 MB]

   ...application was inconsistent with the objectives and policies of the operative Ōpōtiki District Plan; and (d) the application would set a precedent which might undermine the integrity of the District Plan provisions. 3 [3] Royal Forest and Bird Protection Society of New Zealand Incorporated, Arthur Sandom, Ian Bertram and Logan Bertram have given notice to become parties under section 274 of the Act. Agreement reached [4] Following mediation on 22 March 2023 and several discu...

7. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...district plans [69] 3. The effects of the application and of the status quo [75] 3.1 Introduction [75] 3.2 Effects on landscape quality and character [80] 3.3 Effects on visual amenities [83] 3.4 The density and design of development [90] 3.5 Protection of indigenous biodiversity on the site [91] 3.6 The cumulative effects [101] 3.7 The positive effects of the proposal [102] 3.8 Other matters [108] 4. Overall evaluation [109] 4.1 The district-wide objectives and policies f...

8. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements ... (Emphasis added) [59] Whilst the Authority is an investigative body, its proceedings enjoy the status and protections of “judicial proceedings”.22 Section 176 states that a Member of the Authority, in the performance of his or her duties under the Act, has and enjoys the same protection as a Justice of the Peace acting in his or her criminal ju...

9. ORC - EIC - Dolina Lee - 15 October 2021 [pdf, 902 KB]

   ...bodies by managing intensive winter grazing until the NES-F provisions come into force. 44 ORC have also committed to undertake further work in the development of the LWRP to identify any areas where more stringent requirements may be required to protect water quality. In my opinion, this is an 27 Proposed PC8 S32 Report 9 April 2020 paragraphs 1.4 and 1.5 13 appropriate way to address the issue, rather than having a broad brush approach across the whole region. Ou...

10. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

    ...value of $1,310,000 at that time, and included a division of trust assets. It recorded that their agreements related to:2 the future administration of the Family Trust and RR Trust, division of relationship property, maintenance, child support and care arrangements for the children. The agreement recorded the total value of relationship property, including the assets of the Family Trust … as … $2,433,300 … half share … $1,216,650. Mrs and Mr RR agreed who was entitled to wha...