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1. Naera v Fenwick - Whakapoungakau 24 Block (2011) 34 Waiariki MB 151 (34 WAR 151) [pdf, 193 KB]

   ...of fronts including the settlement negotiations. 34 Waiariki MB 159 [38] According to the Supreme Court in the decision Haronga v Waitangi Tribunal 3 the relationship between tribal and Māori land interests is not clear cut and must be carefully considered. That this applies to the Māori Land Court as well as the Waitangi Tribunal is clear from the preamble in ss2 and 17 of the Act. Undertakings as to damages and risks to the trust [39] Counsel contended that while the...

2. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

   ...supported by them. Tribal whakapapa gives rise to a spiritual relationship and respect for the mauri (life force) evident in wai māori, and to the rights inherent in rakatirataka and the associated and fundamental duties of kaitiakitaka. 8. The protection of the wāhi tūpuna (cultural landscapes) that reflect the long history and traditions associated with the settlement of Otago by Kāi Tahu whānui is sought by mana whenua. 9. Following shortly after the signing of Te T...

3. Waitangi Tribunal Vol 2 Kāhui Maunga Report [pdf, 12 MB]

   t e K ā h u i M a u n g a Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t e K ā h u i M a u n g a The National Park District Inquiry Report Volume 2 Waitangi Tribunal Report 2013 Wai 1130 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz National Library of New Zealand Catalo

4. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application for Interim Non-Publication Orders) [2013] NZHRRT 14 [pdf, 106 KB]

   ...the repercussions, public or private of granting interim relief. [41] As earlier mentioned, if it is established that as a matter of law the aggrieved person’s name and identifying details cannot be published, it is axiomatic that that legal protection must not be put at risk by these proceedings before the Tribunal and a non- publication order should be made. The first question, therefore, is whether there is an arguable case that the secondary evidence establishes a pre-existing le...

5. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [pdf, 567 KB]

   STEPHEN ROACH v NAZARETH CARE CHARITABLE TRUST BOARD NZEmpC CHRISTCHURCH [2018] NZEmpC 123 [19 October 2018] IN THE EMPLOYMENT COURT CHRISTCHURCH [2018] NZEmpC 123 EMPC 12/2018 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN STEPHEN ROACH Plaintiff AND NAZARETH CARE CHARITABLE TRUST BOARD Defendant Hearing: 24 – 25 July 2018 and further submissions on 15 October 2018 (Heard at Christchu...

6. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...Betty Whaitiri Williams - Coromandel Marina application (1999) at 21. 2466 TU-447097-3-1377-V6:ECM 11 Kaitiakitanga 48. Our connection to our ancestral whenua, moana and other taonga, brings with it responsibilities, such as the duty to care for, protect and preserve them and to hand them on to succeeding generations in a healthy condition. As explained by Toko Renata, Ngaati Whanaunga rangatira;8 “The key is that our relationship with Tiikapa Moana is about a balance...

7. ENV-2018-AKL-000149 Fulton Hogan Limited v Auckland Council [pdf, 7.9 MB]

   NOTICE OF APPEAL 26 JULY 2018 Counsel instructed: Bal Matheson Richmond Chambers PO Box 1008 Auckland 1140 Solicitor acting: D J Minhinnick I L J Eaton P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland BEFORE THE ENVIRONMENT COURT ENV–2018–AKL - AT AUCKLAND I MUA I TE KOOTI TAIAO I TĀMAKI MAKAURAU ROHE UNDER the Local Government Act (Auckland Transitional Provisions) Act 2010 ("LGATPA ") and

8. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...writing; the client must be made aware of all significant matters relating to the agreement, and a copy of the Code must be supplied to the client. 7 [59.3] That a licensed immigration adviser discharge professional engagements with due care, diligence and respect. That requires them to ensure that their professional service delivery meets proper standards. [60] Clause 2 of the Code of Conduct requires licensed immigration advisers to uphold the integrity of New Zealand...

9. Waxman v Pal (Application for Non-Publication Orders) [2017] NZHRRT 4 [pdf, 322 KB]

   ...publicity of their proceedings is that such interests must be sacrificed to the greater public interest in adhering to an open system of justice. Otherwise, powerful litigants may come to think that they can extract from courts or prosecuting authorities protection greater than that enjoyed by ordinary parties whose problems come before the courts and may be openly reported. [60] At [17] and [18] the Supreme Court stated that, subject to one qualification, the approach taken by McHugh...

10. 2021-02-19 Tom de Pelsemaeker - Reply - Planning (19 Feb 2021) [pdf, 605 KB]

    ...be consistent with the fundamental principle of Te Mana o te Wai, which gives primacy to the health and well-being of water bodies and freshwater ecosystems. 54 In my view, measures that may assist with climate change adaptation still require careful consideration. For example, while damming or water reservoir increase resilience of water users, the damming of streams or water harvesting at higher flows, also alters stream hydrology and morphology resulting in impacts on instream...