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1. Kake - Estate of Aldyth Kake (2020) 209 Taitokerau MB 134 (209 TTK 134) [pdf, 294 KB]

   ...Procedural history [12] The applications were heard on 26 June 2018.5 During closing submissions, Mr Shanahan, counsel for Jane, Marama and David, raised that his clients may seek to file proceedings against their father’s estate under the Family Protection Act 1955. He sought an adjournment to take instructions on the matter. Mr Welsh, counsel for Ihaia, agreed with the adjournment. I granted the adjournment by consent, and I directed counsel to file memoranda on whethe...

2. AL v BW LCRO 268 / 2012 (24 July 2013) [pdf, 114 KB]

   ...and accordingly, the Committee decided to take no further action pursuant to s 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). [7] The Committee noted that a lawyer’s duty is to his (own) client whose interests he was required to protect, and that the Practitioner did not act for the respondent. The Committee acknowledged the Applicant’s frustration, but the fact that the parties were 3 unable to reach agreement did not give rise to professional conduct...

3. Director of Proceedings v IDEA Services Ltd [2022] NZHRRT 2 [pdf, 690 KB]

   ...has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of: (i) Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; (ii) Right 4(4) by failing to provide services in a manner that minimised the potential harm to, and optimised the quality of life of, the aggrieved person; and (iii) Right 6(1) by failing to provide the aggrieved person wit...

4. Waitangi Tribunal - Te Ture Whenua pre-publication [pdf, 2.9 MB]

   .... . . . 7 1.4.4 New governance structures and standards . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.4.5 Proposals to address fragmentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1.4.6 Protections against alienation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1.5 The inquiry process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1.6 The structure of this report...

5. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

   ...(i) the 19th century St Patrick’s Church; and (ii) the former 19th century miner’s cottage known as the Blessed Mary MacKillop Cottage located west of the Church (‘the Cottage’); (‘the listed heritage buildings’). (f) contains a protected tree (protected tree #29 under the PDP); (g) is primarily occupied by open lawn with the occasional tree and some boundary planting; (h) is also included on the New Zealand Heritage List as Category 2 Historic Place (administered...

6. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...and to provide a comprehensive tourist and recreation facility at Omanawa Falls, 1031 Omanawa Road, Omanawa. [2] The project can be broadly separated into two parts: (a) The proposal for commercial guided tours and cultural events under the care of Ngāti Hangarau; and (b) Upgrades to the Omanawa Falls Trail and associated structures to address the safety issues which have led to injuries and deaths. [3] The consent granted by the Western Bay of Plenty District Council (RC13...

7. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...presented in open hearing without compromising the Police case) were also received in the context of the closed hearing. [16] Conscious of the fact that Mr Mullane had been excluded from a potentially significant aspect of the case, the Tribunal took care to ensure the hearing was closed to the minimum degree necessary to mitigate his exclusion while allowing the Police fair opportunity to present their case. [17] No objection was made by Mr Mullane to the receipt of the closed evidenc...

8. [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...

9. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...[2016] NZHC 361, [2016] NZAR 475 at [2]. 9 to provide advice to Ms YY on the issue as to whether Mr OW’s sisters had realistic prospect of challenging the brother’s will, he lost sight of the fact that his primary obligation was to preserve, protect and promote the interests of his client. [42] I think it unfortunate that Mr TJ characterised Ms YY’s apparent failure to inform him that all of the bank accounts had been transferred into joint names, as being conduct which wa...

10. 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...