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1. Taipari v Hauraki Maori Trust Board (2008) 114 Hauriki MB 34 (114 H 34) [pdf, 1.6 MB]

   ...the other hand the hui vote is determined to be invalid for failing to comply with the requirements of the draft Trust Deed or the MFA then again aggregation of the results of the two votes cannot take place. [64] Furthermore, the MFA does not permit aggregation on the basis of the ordinary principles of statutory interpretation and in light of the principles of the Treaty of Waitangi. The plain reading of section 17(2) of the MFA means that the intent is that a 75% approval rate be...

2. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...Court judge. This is consistent with the fact that the applicant’s pleaded position as to the commencement date of the 90-day period changed between the District Court and High Court, thus triggering the argument as to whether the High Could would permit her to do so. [205] I consider this issue to be tangential to my inquiry for the reason stated in the following five paragraphs. [206] Mr Y’s evidence and submissions recorded in paragraphs [197] to [199] were submitted after I ha...

3. Putman v Jenmark Homes Ltd [pdf, 230 KB]

   ...Determination 12 4.2. We heard significant evidence about the Harditex system involved in this construction and an Appraisal Certificate issued by Building Technology Limited (BTL). 4.3. It is important to emphasise that s58 of the Building Act permits an application to be made to the Building Standards Authority (BSA) for: "… the accreditation of any proprietary item, being a material, method of construction, design, or component relating to building work&quo...

4. Proactive release - Second Interim Regulatory Impact Statement: Consultation options for adoption law reform [pdf, 1.6 MB]

   ...adoptive applicants where it is likely that an adoption will take place. A placement will only be approved where the birth parents have provided their consent to the adoption. Reform provides an opportunity to consider whether these placements should be permitted. What we heard in engagement We did not specifically seek feedback on this issue in the first round of engagement. However, social workers and professional commentators told us that these placements are an important step in th...

5. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...7 November 2018, amends section 133(15), relating to the disclosure of a court-appointed psychologist’s report and the report-writer’s notes and other materials used in preparing the report. New section 133(15)(a) will enable the court to permit disclosure of the report where it is satisfied that disclosure is required to assist a party to prepare for cross-examination (as was the case under the previous section 133(15)). Section 133(15) previously also allowed the disclosure...

6. Proactive release of Cabinet papers and minutes relating to supporting the delivery of the 2020 election due to the change of election date and COVID-19 [pdf, 2.1 MB]

   ...enrol and vote (voters) must be able to leave their homes to participate in the election and referendums by visiting a polling place. 24. Dependants and people assisting voters who are not independently mobile to reach polling places should also be permitted to travel for these purposes, so as not to discourage people from voting by making it difficult for them to attend a polling place because of childcare or other responsibilities, or because of mobility issues. 25. People voting...

7. [2024] NZEnvC 089 Shundi Queenstown Limited v Queenstown Lakes District Council [pdf, 14 MB]

   ...to be utilised for dust suppression during earthworks. This shall include the use of a backflow prevention device to prevent contamination of Council’s potable water supply. (iv) No further signs, such as window signs or sandwich boards, are permitted by this resource consent. (v) This site may contain archaeological material. Under the Heritage New Zealand Pouhere Taonga Act 2014, the permission of the Heritage New Zealand Pouhere Taonga must be sought prior to the modificati...

8. Chee v Stareast Investment Ltd [2010] NZWHT Auckland 33 [pdf, 298 KB]

   ...has not included costs for replacing the deck joists. I am however satisfied that the scope of work supporting Mr Browne’s costs is appropriate and most likely will be required by the Council in order to Page | 13 obtain a building permit to repair the decks. I therefore conclude that the damage that has occurred as a consequence of defects with the installation of the deck is $45,315 after adjusting Mr Browne’s figures for a GST rate of 15%. Windows [32] A...

9. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...the Court be satisfied that a brief of evidence contains a hearsay statement and that none of the exceptions in the Evidence Act applies. [39] But the fact that this Court is not bound by strict rules of evidence does not mean that parties are permitted to call any evidence they like. As has been acknowledged in a number of judgments, the rules contained within the Evidence Act may well be of assistance,34 including in assessing whether proposed evidence meets the relevance thresho...

10. [2017] NZEnvC 205 Ahureka Trustees no 2 Ltd v Auckland Council [pdf, 4.5 MB]

    ...AUP the height to boundary controls that previously applied to Countryside Living areas generally have been removed. That provides for dwellings in Countryside Living areas to be as close/closer (?) than previously, and is more liberal than the permitted activity standards for medium intensity residential urban areas. 281. I have considered the Environment Court decision in Cornerstone v Rodney District Council where the Court declined to characterise certain buildings as inherently...