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1. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

   ...operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as an annual rental of $500.00 but no agreement was reached. 4. On 23 August 2006, NU visited QN at [Farm C]. NU was (and still is) the [job title] for OR. NU told QN that OR...

2. Te Muunu v Rakete - Punakitere 4J2B3A (2024) 283 Taitokerau MB 1 (283 TTK 1) [pdf, 217 KB]

   ...There is no formal agreement in place between the trustees and Jimmy authorising him to occupy this site. However, they do not object to him continuing to occupy the site. This permission from the trustees to occupy that site amounts to a bare licence. A bare licence is a precarious position as it can be revoked by the trustees at any time. [13] The trustees only agree to Jimmy occupying the site of his original occupation order. He does not have permission to erect any buildi...

3. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...duty to be perfect. 13. P Ltd allows customers to set up accounts online. This is entirely standard in consumer contracts for services such as telecommunications and internet. P Ltd required identity verification by way of passport or drivers licence information. At that time, P Ltd did not have the ability to digitally “view” the passport / licence. That technology is now used. 14. KX said that this process of verification was the same as other service providers used at t...

4. 2021-03-17 ORC PC7 - Transcript (up to end of day 7) [pdf, 2.3 MB]

   ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether t...

5. Taipana - Āorangi Part Taonui Āhuatūranga Block 3A2 (2024) 486 Aotea MB 169-185 (486 AOT 169-185) [pdf, 688 KB]

   ...that the occupation order sought by the applicant could be granted in favour of a whānau trust constituted under Te Ture Whenua Māori Act 1993 (the Act). The matter was adjourned to chambers to consider whether that legislative amendment would permit an occupation order to be granted in the name of the Kahu Durie Family Trust. By minute dated 7 December 2022, the Court confirmed that the occupation order could not be granted in the name of the Kahu Durie Family Trust. Two options...

6. OTAGO REGIONAL COUNCIL v NGA RUNANGA NOE.pdf [pdf, 1.3 MB]

   ...needing to be 15 resilient against both external influences such as pandemics, but also increasingly influences closer to home in the form of regulations from short sighted regional councils. I have spent hundreds of hours engaged in the deemed permit renewal process for our community and the minimum flow setting process. And now we are here, talking of short term, low cost 20 rollovers. There is nothing low cost about this process and short term holds a higher cost than many of u...

7. [2015] NZSSAA 91 (27 November 2015) [pdf, 57 KB]

   ...contribution to her residential care costs was assessed as being $1,217.28 per fortnight. [17] The appellant, represented by her son Mr XXXX, objects to the assessment. He submits: 1. The appellant and her husband never gifted more than the amount permitted of $27,000 per annum. As the gifting of assets was permitted under the Regulations, it follows that the income associated with those assets must also have been gifted and such gifting permitted. 2. The appellant has not depriv...

8. 2021-08-02 ORC - MOC - in response to directions issued at PHC [pdf, 373 KB]

   ...conferencing and mediation, the notified rule (which applied to discharge of all animal waste) has been amended to refer only to the discharge of liquid animal effluent. Amendments to the conditions of the rule have also been agreed. 3 (b) New Permitted activity Rule 12.C.1.4A; During expert witness conferencing technical experts agreed that the terms and definitions in PC8 were not appropriate because they did not differentiate between liquid and solid waste.2 As a result o...

9. Brown v Christchurch City Council [pdf, 38 KB]

   ...construction of the dwelling house at 28 Courtenay Street. …. The Courtenay Trust relied totally upon Tui/Bernie O'Fagan who managed the entire construction project. The Courtenay Trust relied upon Tui- Bernie O'Fagan to obtain the required permit and is entitled to assume that following the Christchurch City Council issuing a code compliance certificate that, firstly, works have been completed in compliance with the permit and, secondly, that the obligations under the...

10. 2021-09-20 ORC - MOC - re chapter 6 [pdf, 170 KB]

    ...provisions referred to mediation.1 The provisions of Chapter 6 as agreed at mediation are included as Appendix 1. In summary, (a) Further amendments to the notified provisions are proposed to: (i) Amended Policy 6.4.10; and (ii) Amended permitted activity Rule 6.6.2; (b) The parties have agreed with all other changes to Chapter 6 proposed by PC1 should be the wording as notified. 5 Outlined below are further details in relation to the provisions of Chapter 6 that were refe...