Search Results

1. Langhorne v ACC [2010] NZACA 11 [pdf, 78 KB]

   ...appellant’s costs before the issuing of the Authority’s decision. [100] With respect, costs inevitably follow the outcome of any proceedings. It is inevitable that costs would be considered following the Appeal Authority’s decision. [101] Further, it was agreed at the appeal hearing that the issue of costs would be dealt with following the Appeal Authority’s decision. [102] The same principles applicable to an award on appeal apply to an award for preparation of sub...

2. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...disciplinary sanctions will not be sufficient to cause Mr Prakash to gain the insight and determination to maintain professional standards. The public will only be adequately protected, and the objectives of the Act achieved, by cancelling his licence. [101] I have considered whether allowing Mr Prakash to hold a provisional licence, after establishing a regime of appropriate supervision, is an option. I am satisfied that is not appropriate. If Mr Prakash will not act in a professiona...

3. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...general considerations in making a costs order are: (a) Whether the making of the complaint is justified (even if no finding of unsatisfactory conduct is ultimately made). (b) The conduct of the parties in respect of the inquiry and/or review. [101] The Guidelines provide for costs orders to be made against a practitioner, in favour of a practitioner to be paid by New Zealand Law Society (NZLS) and between the parties. There is no clear provision or guideline amount specifically r...

4. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...behaviour; [99.3] accordingly, there were ground for complaint under section 44(2)(d) and (e) of the Act. 13 Submissions on Sanctions [100] As the complaint has been upheld, section 51 allows the Tribunal to impose sanctions. [101] The Authority and the complainant have the opportunity to provide submissions on the appropriate sanctions, including potential orders for costs, refund of fees and compensation. Whether they do so or not, Mr Hakaoro is entitled to make s...

5. TU v Hakaoro [2013] NZIACDT 67 (8 October 2013) [pdf, 164 KB]

   ...this Tribunal. [100] However, I do not find Mr Hakaoro solicited further fees at the meeting on 23 July 2011. In all other respects I accept what the complainant said regarding this meeting, as outlined in her complaint which is set out above. [101] I find Mr Hakaoro engaged in misleading and dishonest behaviour, due to his attempts at deception in relation to the fees and his obligations concerning them, which is a ground for complaint pursuant to section 44(2)(d) of the Act. [102] F...

6. BORA Customs and Excise Bill [pdf, 231 KB]

   ...of powers of search and seizure. Various parts of that Act apply to Customs powers discussed below, and provide safeguards in the exercise of those powers. 5 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J; see also Williams v Attorney-General [2007] NZCA 52. 6 Ibid at [33]; Hamed v R, above n 1 at [162]. 7 R v B-P [2002] NZAR 157 (CA) at 166-167, R v Boateng (1999) 5 HRNZ 450 (HC), Udompun v Atto...

7. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...which the orders sought would apply is located at at 20C Fowler Access Road , Puhoi, legally described as Part Lot 2 on Deposited Plan 5 167491 and being all the land contained and described in the Computer Freehold Register with Identifier NA 101 C/61 0 (the Site). The Site has an area of 1.0216 hectares. Attached to this decision as Appendix 1 is the aerial photograph attached to the application and referred to in the orders which identifies the various buildings by references...

8. Langhorne v Accident Compensation Corporation [2010] NZACA 11 [pdf, 326 KB]

   ...appellant’s costs before the issuing of the Authority’s decision. [100] With respect, costs inevitably follow the outcome of any proceedings. It is inevitable that costs would be considered following the Appeal Authority’s decision. [101] Further, it was agreed at the appeal hearing that the issue of costs would be dealt with following the Appeal Authority’s decision. [102] The same principles applicable to an award on appeal apply to an award for preparation of sub...

9. Te Whiu v King - Panguru C9, C10 and C11(2016) 128 Taitokerau MB 100 (128 TTK 100) [pdf, 229 KB]

   ...MATIU KING AND MARY TOIA Respondents Hearing: 19 March 2015 26 June 2015 12 October 2015 18 December 2015 (Heard at Kaikohe) Judgment: 18 April 2016 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 128 Taitokerau MB 101 Introduction [1] Patrick Jonathan Te Whiu applies for a combined partition of his interests in Panguru C9, Panguru C10 and Panguru C11. 1 [2] The issue in this case is whether the partition should be granted. Background [3]...

10. ENV-2016-AKL-000197 Adams v Auckland Council [pdf, 4.2 MB]

    ...Regulations 2003). Advice If you have any questions about this notice, contact the Environment Court in Auckland. Names and addresses of persons served with a copy of this notice Environment Court PO Box 7147 Wellesley Street Auckland 1010 unitaryplan.ecappeals@justice.co.nz Auckland Council Private Bag 92300 Victoria Street West Auckland 1142 Unitaryplan@aucklandcouncil.govt.nz Page 6 Adam Haycock From: donotreply@aucklandcouncil.govt.nz Sent: Wednesday, 3...