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1. 2017 NZSSAA 048 (18 August 2017) [pdf, 153 KB]

   ...CDA (or any other matter). [3] The Ministry accepts there was no reason for the appellant to be aware she was entitled to a CDA at an earlier point in time, and that as soon she did became of her entitlement she took action. [4] If the law permits the Chief Executive to do so, he is willing to commence payment of the CDA from the point of diagnosis, and potentially earlier if an earlier entitlement was established. [5] There is only one issue in dispute. The appellant wants the...

2. MLC - 2014 March - Urupā reservations [pdf, 411 KB]

   ...District Plan) provides that cemeteries are a controlled activity in the rural zone (23A.1.2) and therefore require resource consent. The Western Bay of Plenty District Plan provides that existing urupā and new urupā adjoining existing urupā are permitted activities in the rural zone (18.3.1) and do not require resource consent. The Court will also need to be sure that there are no health issues related to the siting of the proposed urupā. For example if there is a nearby water cou...

3. Pukekohe Vegetable Growers Association v Waikato Regional Council [pdf, 193 KB]

   ...mō ngā mahi tino whai take hei whakaiti i ngā rukenga roha • WRC should work in conjunction with Certified Sector Schemes to undertake research and to develop and disseminate best practise guidelines. Rules Rule 3.11.4.2 Interim Permitted Activity Rule – Farming prior to obtaining consent/Te Ture mō te Tūmahi ka Whakaaetia mō tētehi Wā – Te mahi pāmu i mua i te whai whakaaetanga • Rule wording should be focussed on discharge and not land use f...

4. Martick v CAC303 & Ors [2015] NZREADT 56 [pdf, 141 KB]

   ...that there was going to be a new sceptic tank installed on the property which she felt was worth about $20,000.  She did not realise the bad condition of the property until she got a LIM when she realised that the wet-back stove was not properly permitted. [16] Mr Miles, also present on the telephone, said that early on in the general agencies he had accepted that a new sceptic tank would be required. He said he had been told by one of the other agencies that the sceptic tank neede...

5. [2024] NZEnvC 163 Merveber Limited v Auckland Council [pdf, 277 KB]

   ...this application, to remove the covenant and to allow this non-complying activity, is a direct threat to the integrity of the AUP. [10] We note that in the context of this hearing, Merveber Limited had already obtained several subdivision consents permitting levels of development on the land. The last appears to have been in around 2017 and was the subject of the Augier condition. It is clear to me from the earlier Council decision that the landowner would have been advised that th...

6. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...be cited as Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 27 I TE TARAIPIUNARA MANA TANGATA 2 [2] Itchyfoot Pty Limited runs an organisation called Kiwi House Sitters. Kiwi House Sitters permits home owners to place an advertisement for a house sitter on its website. Mr Turner did so and through the website engaged a house sitter for the five weeks he was out of the country. [3] The house sitting arrangement was not a happy...

7. Peacocke - Part Puketiti 2B2B 1 [2021] Maori Appellate Court MB 48 (2021 APPEAL 48) [pdf, 300 KB]

   ...defined in s 2 of the 1953 Act as: Maori freehold land means land other than [General Land] which, or any undivided share in which, is owned by a Maori for a beneficial estate in fee simple, whether legal or equitable: [10] Raimona Lee was permitted to transfer her shares in the block to Ian Walsh per s 211 of the 1953 Act, which provided: 211 General provisions as to alienation of land by Maoris (1) Subject to the provisions of this or any other Act, a Maori may alienate or...

8. X Ltd v DN [2023] NZDT 282 (24 July 2023) [pdf, 180 KB]

   ...the absence of a Respondent if I am satisfied there is sufficient evidence to do so. In my view, to do otherwise would undermine the purpose of the Disputes Tribunal Act 1988, for various reasons, including in particular that legal advisers are not permitted to appear in the Disputes Tribunal. Many parties are not legally advised at all. In each hearing, the law is expected to be applied appropriately by the Referee, and in many cases, this is without the parties having or requiring any...

9. [2016] NZEmpC 15 Holman v CTC Aviation Training (NZ) Ltd interlocutory [pdf, 87 KB]

   ...submissions. In that case the Court considered as part of its reasoning the following statement of Duffy J in Whakatane District Council v Bay of Plenty Regional Council as follows: 7 It is clear from these cases that an application for leave to permit late amendments to a pleading requires the Courts to conduct a balancing exercise between the general concern that parties to litigation comply properly with procedural requirements and the particular interest in each case of ens...

10. OWRUG - B J Sheehan - Supplementary - powerpoint presentation [pdf, 4 MB]

    ...MANUHERIKIA CATCHMENT – DAM AGES RANGE FROM 90 TO 118 YEARS OLD  CONTINUING TO SPEND FUNDS ON DAM SAFETY IS NONE NEGOTIABLE – THE FINANCIAL ABILITY OF DAM OWNERS TO CONTINUE TO FUND DAM SAFETY PROGRAMMES WILL BE COMPROMISED IN A 6 YEAR ROLL OVER OF PERMITS  WORKING CAPITAL WILL NEED TO BE BORROWED BUT THERE WILL BE A RELUCTANCE FROM FINANCIERS TO LEND WHERE THERE IS UNCERTAINTY ABOUT USERS ABILITY TO OBTAIN ACCESS TO WATER.  LIABILITY WILL BE COMPROMISED IF OWNERS CANT MEET...