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1. Clarke v Rewha - Hauai No 2G Sec 2B (2019) 186 Taitokerau MB 68 (186 TTK 68) [pdf, 366 KB]

   ...68 IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20170001479 UNDER Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Hauai No 2G Sec 2B BETWEEN LOUISE CLARKE and ROBERT CLARKE Applicants AND EDITH REWHA Respondent Hearing: 25 September 2018, 180 Taitokerau MB 242-294 (Heard at Whangārei) Appearances: R Mullins, for Respondent R Clarke and L Clarke in person Judgment: 21 Fe...

2. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...any assistance to the case. The section provides the only opportunity for a lay person not under oath to address the court. Section 16 was designed essentially with the Mäori community in mind, although it was worded broadly enough to have a general application to all offenders. It allowed representatives of the offender the opportunity to participate at a stage in a case where they would normally in the past have been excluded. It was intended to encourage iwi, hapü, and whänau support...

3. [2024] NZEnvC 198 Middleton Family Trust v Queenstown Lakes District Council [pdf, 984 KB]

   ...essence, ‘landscape capacity’) to each LCU or specified areas of them. That is according to a six-point qualitative rating scale ranging from Very Low to High.2 WBRAZ policies give direction for how those ratings apply including in the application of rules for the subdivision and development of land. [11] Under the decision version PDP, Sch 24.8 prescribes a rating of ‘Low’ to that part of LCU 4 that includes the Site, (i.e. the area described as “the undeveloped low l...

4. Song v CAC 20008 & Clement [2014] NZREADT 54 [pdf, 55 KB]

   ...issued by the Land Transfer Office. There also needed to be a new title issued for the adjoining unit which, curiously, was also on the market at the same time. As it happened it took about a further four months for titles to be issued in the updated form. [9] As explained below, the appellant/purchaser (and Complainant) elected to proceed with the purchase transaction on the basis that, until the new title was available and settlement of his contract could take place, he paid rent to...

5. CBA v LKJ Ltd [2014] NZHRRT 13 [pdf, 205 KB]

   ...single woman), her age and her past history and ability to cope (her disability). The first two grounds were not pursued at the hearing and the plaintiff’s case was in the final event advanced as a case based on disability. The defence to this claim is that the decision not to offer treatment was a clinical judgment and that the potential benefits of the treatment were outweighed by the risks to the plaintiff and to any child born as a result of the treatment. Further, the decision w...

6. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 13 LCDT 016/13, 002/14 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE No. 2 Applicant AND RICHARD HOLLAND Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr W Chapman Ms C Rowe Ms M Scholtens QC Mr P Shaw HEARING at the Auckland District Court DATE OF HEARING 17 February 2014 APP...

7. [2017] NZEmpC 78 Chief Executive of the Department of Corrections v CANZ Inc [pdf, 191 KB]

   ...Agreement. … [23] The last relevant part of this collective agreement is the introduction to the schedules: In accordance with Clause 1.3 of this agreement, the schedules in this part of the agreement (Schedule A) record the rates of pay and, where applicable, specific allowances and the specific terms and conditions of employment that apply to union members who work in specific occupational areas, and whose positions (other than the positions listed in the Schedule for Prisoner...

8. Ngati Makino Heritage Trust and Ngati Ranginui Incorporated Submissions [pdf, 256 KB]

   ...61 which requires the identification of outlined areas. 2 Property Rights in New Zealand Inc v Manawatu - Wanganui RC [2012] NZHC 1272 3 S 67(3)(b) 4 S 67(3)(c) 3 13 The fact that the system of indigenous biodiversity includes species that form part of the commercial fisheries resource that have controls within the Fisheries Act 1996 1 does not justify the failure of the Council to perform this mandatory function. As Whata J noted in his second judgment: the two Acts envisag...

9. 2023-10-10-Rebuttal-Evidence-of-N-Goldwater-Terrestrial-Ecology.pdf [pdf, 303 KB]

   ...SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF REBUTTAL EVIDENCE OF NICHOLAS PAUL GOLDWATER...

10. [2021] NZEnvC 008 Wairoa District Council [pdf, 317 KB]

    ...TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2021] NZEnvC 008 IN THE MATTER OF the Local Government Act 1974 AND of road stoppings under Schedule 10 to the Local Government Act 1974 BETWEEN WAIROA DISTRICT COUNCIL (ENV-2019-AKL-165) Applicant Court: Environment Judge MJL Dickey sitting alone under s 279 of the Act Hearing: On the papers Last event: Correspondence filed by Mr Williams dated 16 February 2021 Submissions: Mr M Williams for the Wairoa Distric...