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...prominent residential dwellings and curtilages. 38. Travelling in the opposite direction towards Matiatia, again the proposed marina will be viewed in the context of the modified characteristics at the head of the bay. 12 Gilbert EIC, paragraph 101 12 39. The marina will only be visible from a very short section (approximately 65m) of the Matietie Reserve track as one descends into the bay due to the existing regenerati...
...philosophy of constructing a high international standard facility. 100. The mix of berth sizes has been proposed in keeping with current marina market demand and trends and expressions of interest received during feedback for the proposal. 101. The proposed size mix is depicted on Figure 3 with 160 berths ranging from 10.5 metres to 20 metres with the ability to accommodate vessels above 20 metres, if required, on the ends of Piers B and C. 102. A floating marina office is...
...road. 100. My observations show that at times buses and taxis park illegally in the restricted area, in particular during the busy holiday periods, and it is my view that future upgrades will most likely involve expanding the restricted area. 101. I completed a scoping analysis of the road outside the ferry terminal and concluded that the restricted area can be extended eastwards by 80-90 metres to double the parking supply available to buses and taxis. 102. Upgrades that include...
...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...
...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...
...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...
...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...
...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...
...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...
...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...