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1. Planning (dated 22-26 May 2017) [pdf, 762 KB]

   ...features identified in the District Plan on the site or within the immediate area. iv. The application is for a non-complying activity under Rule 22.5.4 of the Operative Dunedin District Plan as wind turbines are not specifically provided for as permitted, controlled or discretionary by the rules of the Utilities section (or any other section in the plan). 6 Implementation of higher order directions in lower order documents RPS & ODP 12. We agree: a. The RPS is no...

2. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ..."traditional" in an historical sense. That is, while the holders of aboriginal title may have used the relevant land for the purposes of hunting, fishing or gathering material at the time when the Crown acquired sovereignty, aboriginal title would permit them to farm that land or to use it for eco-tourism activities in 2004. 8. In spite of this, the group would not be allowed to use the land in a manner irreconcilable with the fundamental nature of the group's connection...

3. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...need for finality. The trust order was issued over eight years ago. It was open to the applicant to appeal that order. The options available to the applicant now are to seek to vary the trust order via the s 244 process or, if the circumstances permit, seek recourse via a s 45 application to the Chief Judge. [30] In any event, it must be borne in mind that even if the application as sought was granted, there would be no impediment to the Crown continuing to deal with the Rūnanga...

4. Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) [pdf, 342 KB]

   ...a trustee will be loyal to the trust and not place his or her personal interests above or in conflict with the trust is paramount. 26 [48] The core obligations of a fiduciary are captured by the profit and conflict rules. A fiduciary is not permitted to profit from his or her office, save with the informed consent of the person to whom they stand in a fiduciary relationship. Neither must a fiduciary place himself in a position where a personal interest conflicts with duty to the t...

5. LCRO 24/2023 RD v KE and PS (5 September 2023) [pdf, 329 KB]

   ...the matter.19 [188] A lawyer’s basic regulatory obligation is that documents held on the client’s behalf must be returned to the client on termination of the retainer or be disposed of as directed by the client.20 Rule 4.5(b) then expressly permits a lawyer to retain copies of the client’s documents where this has been agreed in the retainer, or where it is considered necessary for the purposes of defending a claim or complaint. There is a 19 “Ownership and retention of re...

6. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   ...participated throughout this proceeding and until the hearing were presented by counsel. Mark Fuller returned to New Zealand and represented the third respondents defence to the claim after disengaging their counsel during the hearing. However, I permitted the Fullers to file closing submissions through their counsel. [14] The Fullers rented out the home from 8 December 2003. During 2004 a leak occurred in the downstairs bedroom ceiling immediately under the enclosed nor...

7. [2024] NZEnvC 115 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 440 KB]

   ...All fences outside the domestic curtilage area but including fencing around curtilage areas shall be standard post and wire (including rabbit proof fencing), or deer fencing consistent with traditional farm fencing. Timber closeboard fencing is not permitted. t) Gateway structures to the access drive from the Cardrona Valley Road, and on the boundary of each lot shall be of a standard farm gate (steel or timber) only, with standard farm post and rail, or post and wire fencing up to th...

8. ENVC Hearing 6Oct14 TGKL lay attach 12 ecological compense [pdf, 172 KB]

   ...of 44 and 60% for country road agency and general public wetland mitigation requirements, respectively. Breaux et al. (2005) found that an assessment of 18 wetlands saw 17 ranked as ‘good’ for compliance, with eight fully complying with both permit criteria and ecological indicators of success (Breaux et al. 2005). This research suggests that better and increased use of security and insurance mechanisms, and research and innovation into alternatives, is needed, as our research (lik...

9. Contract-for-services.pdf [pdf, 475 KB]

   ...relation to charges and Proceeds of Proceedings 3.7. The Provider must comply with their obligations under section 107 of the Act to: 3.7.1. take all reasonable steps to protect the interests of the Commissioner under a charge, including not doing or permitting anything that would or might effect the transfer of the property without the charge being satisfied, and 3.7.2. advise the Commissioner if they are aware that an aided person has, is, or is attempting, to avoid making payments...

10. [2016] NZEmpC 7 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 372 KB]

    ...For instance, the parties cannot have intended that the employer could consider factors which would clash with overriding objectives such as obligations of good faith as found in cls 9 and 10, or in s 4A of the Act. The phrase is not one which permits consideration of any ‘thing’ whatsoever. [99] Secondly, the sub-clause stipulates that the “last on first off” principle is subject to the four specific factors I have mentioned. The parties are at odds as to their understa...