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1. Short v Stowers - Te Tumu Kaituna 14 Block [2020] Māori Appellate Court MB 141 (2020 APPEAL 141) [pdf, 274 KB]

   ...this concern was disregarded in the reserved decision and the opposition formed part of Judge Coxhead’s decision. The appellants submitted that the “unverified” and “manipulated” opposition received by the Court undermined the trust’s carefully run process to determine the views of the owners and therefore the Court’s finding of insufficient support for variation of trust was made in error. [51] In addition, counsel argued that the amendments sought to the trust order w...

2. Offord v Patel [pdf, 90 KB]

   ...course of activities on behalf of the company come under a personal duty to a third party, breach of which might entail personal liability. The test as to whether liability had been incurred was whether there had been an assumption of a duty of care, actual or imputed. Liability depended on the facts, on the degree of implicit assumption of personal responsibility and balancing of policy considerations. (page 517). [34] Recently however, the Court of Appeal in Body Corporate...

3. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   ...as follows: (a) Was the complaint properly made against Mr AB personally? (b) If the answer to (a) was yes, was the fee rendered by Mr AB fair and reasonable based on chapter 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008? (c) If the answer to (b) was no, what determinations and/ or order should be made in relation to the breach? [9] The Committee delivered its decision on 11 September 2014. [10] The Committee concluded that fees charged were...

4. Ngati Pahauwera Affidavits 4 of 4 [pdf, 9.7 MB]

   PAIKEA UIA MAl KO IA . WHAKAHUATIA AKE KO WAI TE WHARE NEI E -" ~'6--~ ( )(/<Jb ~ 'fJ""~ ( KO WAI TE TEKOTEKO KEI RUNGA KO PAIKEA KO PAIKEA WHAKAKAU PAIKEA (HEI) WHAKAKAU HE TIPUA (HEI) , KA U PAIKEA KI AHUAHU ~p~~~t\A H ec ~NINH/'\ - KEI TE WHITI A KOE KO KAHUTIA-TE-RANGI E AI TO URE KI TE TAMAHINE A TE WHIRONUI NANA I NOHO I TE ROTO A TAHE AUE! AUE! HE KORURU KOE .EKORO E 38 PAIKEA UIA MAl KO IA WHAKAHUATIA AKE KOWAITEWHARENEIE ·· ·

5. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...for Heritage New Zealand Pouhere Taonga J G A Winchester and S K Lennon for Waihopai R0naka, Hokonui R0naka, Te R0nanga o Awarua, Te R0nanga o Oraka Aparima (collectively Nga R0nanga) and Te R0nanga o Ngai Tahu S R Gepp for Royal Forest and Bird Protection Society of New Zealand Incorporated R Donnelly for Waiau Rivercare Group VJ Hamm for Ballance Agri-Nutrients Limited M R G Christensen for Ravensdown Limited Date of Decision: 20 December 2019 Date of Issue: 20 December 2019...

6. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...rules, but is regulated by the rules, so far as they extend. To the extent that the rules do not cover a situation, the inherent jurisdiction supplies the deficiency. The inherent jurisdiction is: “… the authority of the judiciary to uphold, to protect, and to fulfil the judicial function of administering justice according to law in a regular, orderly and effective manner.” [Footnote citations omitted] [42] There is nothing in the Human Rights Act or in the Privacy Act to co...

7. [2018] NZEnvC 155 Tasman District Council v G Baigent [pdf, 1.1 MB]

   ...planted in the wetlands and a description of how the areas marked in the wetland database will be returned to wetland; (iv) in addition, the restoration plan prepared by the ecologist is to provide a description of ongoing measures required to protect the wetland, such as monitoring, fencing, weed and/or pest control measures to address to ensure that both wetlands are sufficiently re-established to enable their survival without any further intervention; (v) the restoration plan i...

8. 2021-07-05 Fish and Game - Closing Submissions [pdf, 342 KB]

   ...But to what state is that restoration required to give effect to the NPS-FM – PC7 can't second guess the answer, so in order to not frustrate giving effect to it, only short term consents can be justified. (c) I also submit that while protection of non-migratory galaxiids (NMG) is an important issue highlighted by the Minister for the Environment, 5 See for example transcript, Dunedin, 8 – 26 March, Mr Ellison, at 520. 6 F...

9. [2022] NZEnvC 161 Hutt City Council [pdf, 2.6 MB]

   ...the future and the best coordination of public and private amenities; likely demand for future developments, and requirements for utilities such as bridging, efficient and safe roading, rail lines, accessibility, provision of power and water, and protection from natural forces such as weather and flooding. [1 0] So it has been in and around the Lower Hutt central city area. In its present form, access across the river by the existing Melling Bridge onto and off the north/south bound H...

10. Process evaluation of Christchurch youth drug pilot [pdf, 899 KB]

    ...95 7.2.2 What young people and family/whānau thought about the YDC Judge 97 7.2.3 Consistency of Judge 98 7.2.4 Balancing therapeutic and jurisprudence approaches 98 7.3 The multidisciplinary team approach 99 7.4 Involvement of family/whänau/caregivers with the YDC 100 7.5 Regular remands 101 7.6 Bail conditions 102 7.6.1 Monitoring of bail conditions 102 7.6.2 Bail breaches 104 7.6.3 Young people and family/whānau views on bail conditions, breaches and Police monitoring 105...