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1. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...contrary to the provisions of section 53 of the Maori Affairs Amendment Act 1967; (c) in any event the loans were also invalid due to the lack of legitimacy of the then committee of management and W T Haig's alleged loans were not saved by the protections of section 57(2) of the 1967 Act because he was an insider, who was in a position conflict of interest. Section 57 was intended to protect third parties, not insiders; and (d) alternatively, gIven the lapse of time the claim...

2. [2021] NZEnvC 168 Director-General of Conservation v Thames-Coromandel District Council [pdf, 454 KB]

   ...appear in bold): Objective 1 The full range of the District’s indigenous ecosystems and biodiversity is maintained in a healthy and functional state, and restored or enhanced where appropriate. Policy 1a Subdivision, use and development shall protect areas of significant indigenous vegetation and significant habitats of indigenous fauna in preference to remediation or mitigation by: a) Avoiding the loss or degradation of areas of significant indigenous vegetation and significan...

3. [2018] NZEnvC 097 Handley v South Taranaki District Council [pdf, 5.2 MB]

   ...which it has examined alternatives and the approach it has conveyed to the appellant it will take in relation to the issue of road stopping, vesting and general mitigation. [24J An observation we make at this stage is that, just as the appellant is careful to qualify her submission by reference to facts that have yet to be tested in cross­ examination, so should we on any submissions concerning legitimate expectation. Our findings on jurisdiction leave open capacity for further subm...

4. Mikaere - Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C [2014] Māori Appellate Court MB 249 (2014 APPEAL 249) [pdf, 295 KB]

   ...The English version of the Preamble to the Act states: Whereas the Treaty of Waitangi established the special relationship between the Māori 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 tāonga tuku iho of special significance to Māori people and, for that reason, to promote the retention of...

5. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

   ...in bold): Objective 1 The full range of the District's indigenous ecosystems and biodiversity is maintained in a healthy and functional state, and restored or enhanced where appropriate. Policy la Subdivision, use and development shall protect areas of significant indigenous vegetation and significant habitats of indigenous fauna in preference to remediation or mitigation by: a) Avoiding the loss or degradation of areas of significant indigenous vegetation and significant ha...

6. Cooper v Hamilton Pharmacy 2011 Ltd (Strike-Out Application) [2017] NZHRRT 38 [pdf, 439 KB]

   ...the parties. Those consequences include the fact that witnesses will be required for each proceeding, despite not being directly involved in the dispute. There will be legal costs as well as practical considerations such as time off work, child care and family arrangements, travel and the general stress and inconvenience of attending at least three (and potentially four) hearings on the same subject. The submissions make reference to the principle of finality of proceedings and contend...

7. Haira v Haira - Kapenga A7 (2016) 149 Waiariki MB 259 (149 WAR 259) [pdf, 340 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 t...

8. COES - EiC - M J Sole (5 Feb 2021) [pdf, 4.1 MB]

   ...supplement irrigation with some rainwater collection. Central Otago Environmental Society 8 I also prepare submissions and appear at hearings on behalf of Central Otago Environmental Society (COES), a locally based organisation committed to the protection and enhancement of the Central Otago environment including landscapes and water resources. I am an Executive Committee member of COES and I am authorised to give this evidence on COES’ behalf. 3 page 3 9 As a communi...

9. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...occur in the years prior to a person being adjudicated bankrupt. These offences would apply retroactively to activities prior to the Bill coming into force as an Act, and therefore give rise to an issue under section 26(1) of the Bill of Rights Act (protection against retroactive offences). 11. Where an issue arises, a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of section 5 of that Act. We...

10. Government-Response-to-Te-Aka-Matua-o-te-Ture-Law-Commission-report.pdf [pdf, 1.1 MB]

    ...reform of both relationship property law and succession law. 4. The reports make recommendations that would amount to significant changes to current law and policy. There is overlap between these areas of law and many of the recommendations will require careful consideration and further policy work before legislation can be progressed. 5. After reflecting on the Commission’s findings on succession law, I agree in- principle that reform, including new legislation, is required to achieve sim...