Search Results

1. [2017] NZEnvC 056 Fengli Hou & Wanshi Ruyi Trust Limited v Auckland Council [pdf, 350 KB]

   ...recommendations of the Auckland Unitary Plan Independent Hearings Panel on the proposed Auckland Unitary Plan FENGLI HOU & WANSHI RUYI TRUST LTD Proposed Appellants AUCKLAND COUNCIL Proposed Respondent In Chambers: - under s279 of the Resource Management Act 1991 DECISION - PRELIMINARY JURISDICTION ISSUES Decision issued: 1 9 APR 2017 Introduction [1] The two named proposed appellants lodged an appeal on issues relating to the decisions of the Auckland Council in i...

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

   ...FLS has drawn on the expertise and experience of family lawyers in providing this feedback. The Family Court is a central part of our justice system, and it is vital that reform of the court delivers an effective, accessible and appropriately resourced forum for the resolution of family disputes. In our view, the 2014 changes have not delivered those outcomes. The Law Society hopes the current review will lead to carefully considered design changes that deliver sustainable access t...

3. Government Response to declarations of inconsistency by the Human Rights Review Tribunal [pdf, 18 KB]

   ...legislation, work progressing on a new Trusts Act and privacy law reform, as well as modernising Courts and Tribunals all contribute to the significant work load for the Government. To undertake reform of the Adoption Act would require significant resource reallocation, and the Government is committed to advancing its current work programme before beginning other substantial reform. 9. In addition, an extensive reform programme is underway to modernise Child, Youth and Family (CYF) and...

4. Canterbury District Law Society v Iosefa [2009] NZLCDT 13 [pdf, 150 KB]

   ...prosecution and penalty hearing. Mr Iosefa was, as a result of the criminal proceedings, ordered to make significant reparation to the client whose funds had been taken. That, together with Mr Iosefa’s inability to work has significantly depleted his resources and indeed he is entirely reliant on his wife’s income. He has a very large tax liability and a debt to his accountant. In order to make payment of reparation he has borrowed further from friends and family as well as...

5. [2024] NZEnvC 146 Aurora Energy Limited v Otago Regional Council [pdf, 157 KB]

   DCC WAIVER DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 146 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14(1) of the First Schedule of the Act BETWEEN AURORA ENERGY LIMITED … continued in Appendix 1 (ENV-2024-CHC-24) Appellant AND OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge P A Steven Hearing: On the papers Last case event: 18 June 2024 Date...

6. [2022] NZEnvC 107 Greater Wellington Regional Council v Adams [pdf, 139 KB]

   ...- IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA IN THE MATTER OF BETWEEN AND AND AND AND AND AND Decision [2022] NZEnvC 107 an application for enforcement orders under s 314 of the Resource Management Act 1991 GREATER WELLINGTON REGIONAL COUNCIL (ENV-2021 -WLG-000019) Applicant STUART LEE ADAMS First Respondent QUALITY NZ HOMES LIMITED Second Respondent HENRY ADAMS LIMITED Third Respondent LIORAH CELESTE...

7. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 152 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN MANUKORIHI TARAU on behalf of NGA I TAIWHAKAEA ENV-2021-AKL-029 TE RU NANGA O NGA TI AWA ENV-2021-AKL-030 CLETUS MAANU PAUL on behalf of THE O PIHI WHANHAUNGAKORE TRUSTEES ENV-2021-AKL-031 Appellant AND WHAKATA N...

8. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

   ...parties; (d) the novelty and importance of questions involved in the case; (e) the public interest in the proceeding; and (f) the overall balance of convenience. [19] Reference was made to the Court of Appeal’s judgment as to stay in Bathurst Resources Ltd v L & M Cole Holdings Ltd.6 There, it was noted that the restraint of orders should be the least necessary to preserve the losing party’s position against the prospect of the appeal succeeding. In the case of a money...

9. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...entitled to separate recognition. Counsel submitted that the next step is to ascertain who is Moriori and who is not. They argued that this is essential for establishing who is entitled to “share in fruits of Moriori land, fishing quota, other resources and those who can help define the culture and tikanga of the Moriori people.” [22] Counsel for HMT had five main arguments they being: a) The purpose and principle schematic of TTWMA is to deal with matters related to Māor...

10. Auckland District Law Society v Dorbu [2011] NZLCDT 17 [pdf, 48 KB]

    ...hearing on the remaining charges to take place in advance of the rehearing. The Tribunal has considered this approach and considers it has considerable merit. We accept that this matter is most stressful and debilitating of Mr Dorbu’s personal resources and we consider it ought to be given some priority. A penalty hearing is likely to be able to be convened in September, considerably earlier than the 2012 date Mr Dorbu predicted that penalty hearing might occur. Decision [8]...