Search Results

1. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   ...[65) In a particularly important passage, Arnold J continued" for the majority: 8' 89 [55J There are two points to be made about the use of "inappropriate" in policy 7. First, if "inappropriate", development is not permitted, although th is does not necessarily rule out any development. Second, what is "inappropriate" is to be assessed against the nature of the particular area under consideration in the context of the region as a whole. King...

2. [2018] NZEnvC 093 Tuwharetoa Maori Trust Board v Waikato Regional Council [pdf, 1.9 MB]

   ...application should be assessed as a discretionary activity under Rule 7.6.1.4, which relevantly provides: 7.6.1.4 Discretionary Activity Rule - Large and Other Takes of Geothermal Ground Water and Energy from Development Geothermal Systems Except as permitted or regulated by Rules 7.6.1.1, 7.6.1.2, 7.6.1.3, 3.3.4.11, and Rules within sections 3.5.8 and 3.8, any take or use of geothermal ground water and energy, within a Development Geothermal System or from geothermal water that has be...

3. [2023] NZEnvC 207 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 1.3 MB]

   ...ORC reflect those planning theories. [60] Mr Goldsmith identifies water quality improvements for Lake Hayes arising from cessation of farming of the Site as an important differentiator in favour of the relief pursued by WPDL. Whereas WBRAZ would permit commercial stock farming (with its associated harmful ecological impacts), the Modified Precinct option would prevent it and require riparian planting and public cycleway and walkway connections and landscape treatment.38 He submits...

4. Waitangi Tribunal - Wai 2200 2.5.77 Scoping report [pdf, 755 KB]

   ...mandate process recognised by the Crown, in breach of the principles of the Treaty of Waitangi. This has prejudicially affected them they claim, including by depriving them of their rights to have their claims heard by the Waitangi Tribunal and by permitting settlement of their claims by a group that does not represent them. 8. The applicants allege, that the unfair mandate process is full of defects and was arrived at despite certain conflicts of interest; that for years there have be...

5. MLC 2018 January National Panui [pdf, 219 KB]

   ...required to enable us to forward a copy of the monthly National Pänui to you. Information about you will not be disclosed to any other person in a form that will identify you except where you have consented to such disclosure or where such is required or permitted by the Privacy Act 1993 or otherwise as permitted by law. You may at any time contact us to check the details held and request changes by writing to the Pänui Analyst, DX Box SX11203, Wellington, or by email to MLCpanui@justice....

6. LCRO 154/2023 FH and NH v WA, BF and DT Limited (28 February 2024) [pdf, 347 KB]

   ...were incurred. [149] Ms WA’s assessment of the counter-factual seems to be a reasonable one. The trustees could have been in no better position in terms of achieving a settlement if a separate hearing of the floor size issue, if the Court had permitted it, had resulted in a ruling in their favour. [150] Conversely, a Court ruling against them would have meant, at the least, the amount of their claim being scaled back by, it seems, 60 per cent or so.5 I say “at the least” bec...

7. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...land shall be divided amongst those persons, and they, without consideration, authorise the land to be granted to these two. But the safer and plainer answer is, that, if the conclusion of fact at which I have arrived is justified, the defendant, in permitting the title to the land to be vested in him on a tacit [154] In the Court of Appeal the appellant argued among other things that the Court could not go behind the sealed order or judgment of the Native Land Court and relied on Ani...

8. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   ...placements in the reconfigured Wharenui as well as persons accommodated in the transitional flat. We were told that this will provide for a total of 30 placements on the Site. The Minister's proposed Condition 1 (agreed to by the Council) would permit up to 30 placements on the Site at any one time. While proposed designation conditions provide for new buildings to be constructed on the site, additional placements above Council Opening Legal Submission at [4.4). Andre Legal Su...

9. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...prevail. Nevertheless, there are reasons to believe that disgorgement may be subject to a more limiting test of remoteness. … although equity regarded the entire factually caused gain as prima facie recoverable, it did nevertheless on occasion permit the defendant an allowance for his time, skill, and effort in generating the profit. While this allowance may simply be part and parcel of defining the extent of the profits, functionally the allowance for skill and effort operates as...

10. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

    ...as specifically as possible”, they are “also to be applied as sensibly and fairly as possible”. Following this approach, and from my analysis, the conclusion I have reached is that by not serving the applications within the stipulated time permitted, Mr ID contravened r 3. [24] There were other aspects of the complaint in respect of which my colleague found that a need for professional conduct findings adverse to Mr ID did not arise, with one arguable exception discussed later in...