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  1. ENV-2016-AKL-000272 J Mawson v Auckland Transport [pdf, 1.1 MB]

    ..."The Auckland Unitary Plan Independent Hearings Panel recommends that Auckland Council recommends to the requiring authority that it confirms the further modifications shown in Attachment 2 recommended in response to submissions on designation 101. II 5. Report entitled "Report to Auckland Council Hearing topic 074 Designations - Auckland Transport - Minor matters and errors, May 2016" That the following Panel recommendation at section 4 of the above report be ACCEPTED:...

  2. Flight v Fletcher - Waipapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96) [pdf, 220 KB]

    ...general appeal and an appeal 8 May v May (1982) 1 NZFLR 165 at 170, as cited in Harris v McIntosh [2001] 3 NZLR 721 at [13]. 9 Kacem v Bashir [2010] NZSC 112 at [32]. 2017 Maori Appellate Court MB 101 from a discretion is not altogether easy to describe in the abstract. But the fact that the case involves factual evaluation and a value judgment does not of itself mean the decision is discretionary. In any event, as the Cour...

  3. Te Tumu Paeroa - Te Aroha Blk 3 Sec 1B and Sections 2 and 3 Block III Aroha SD (2016) 119 Waikato Maniapoto MB 95 (119 WMN 95) [pdf, 197 KB]

    ...administration and development of the blocks would be enhanced by aggregating the blocks, I am satisfied pursuant to s 288(2)(b) that there is sufficient support for the application given the nature and importance of the matter. 119 Waikato Maniapoto MB 101 Section 288(1) Considerations [22] Pursuant to s 288(1)(a) the view of the active owners is clearly in favour of the aggregation. No doubt that is partly because of the desirability of the development, but also because,...

  4. Oneroa v Ko Te Tarewa Whānau Trust - Waitangi A1A2 Trust (2017) 64 Tairawhiti MB 102 (64 TRW 102) [pdf, 172 KB]

    ...received by the Trust. The effect of this is that all Trust income is pooled together and distributed to all owners in proportion to their shares. 1 44 Ruatoria MB 247-256 and 45 Ruatoria MB 101. 64 Tairawhiti MB 105 Submissions of the applicants [11] According to the memorandum of counsel, the trustee applicants have considered their obligations under clause 6 of the trust order and under s 244 of Te Ture Whenua Māo...

  5. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

    ...consider that the Bill appears to be consistent with the right to be secure against unreasonable search or seizure as affirmed in s 21 of the Bill of Rights Act. 9 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. 10 Ibid at [33]; Hamed v R, above n 4 at [162]. Conclusion 56. We have concluded that the Bill appears to be consistent with t...

  6. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

    ...the terms of the written employment agreement. As stated in the judgment: 14 9 Coca Cola Amatil v Kaczorowski [1998] 1 ERNZ 264 (CA at 280. 10 Heeley v Dblshot Ltd [2013] NZERA Auckland 101. 11 Smith, above n 2. 12 At [61]. 13 At [105] and see Hutchison v Canon New Zealand Ltd [2014] NZERA Wellington 72. 14 At [107]. The sections are intended to complement parties’ agreements and indeed, require,...

  7. Deputy Registrar - Ihaia Taueki Trust (2005) 161 Aotea MB 96 (161 AOT 96) [pdf, 430 KB]

    ...not matter because they just don't want to hear it, they don't want to reconcile what good work we might have done as trustees to the picture they have painted within their own minds, which is kei te pai. " Minute Book: 161 AOT 101 Discussion [18] The trustees and beneficial owners are all linked by whakapapa as descendants of Thaia Taueki. This is then a whanau dispute. Factions have developed with, it would seem, little prospect of resolution at the present time....

  8. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

    ...licensed advisers. He is described as hard-working, honest and diligent. [41] Neither the complainant nor the adviser requests an oral hearing. 7 Z v Dental Complaints Assessment Committee at [97], [101]–[102] & [112]. 8 ASSESSMENT [42] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with...

  9. HES v Parekh [2019] NZIACDT 36 (29 May 2019 [pdf, 176 KB]

    ...Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Immigration Advisers Licensing Act 2007, s 50. 5 Section 51(1). 6 Section 53(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 7 [33] There is a comprehensive statement of reply (received 19 September 2017) from Ms Parekh. She denies negligence and draws attention to the lengths to which she went to help the complainant and her...

  10. LCRO 8/2019 GM v NK (25 June 2019) [pdf, 234 KB]

    ...a degree or so frequent as to reflect on fitness to practice or which tends to bring the profession into disrepute; or 4 Lawyers and Conveyancers Act 2006, s 351 and Law Practitioners Act 1982, s 101. 5 Lawyers and Conveyancers Act, s 106(3) and Law Practitioners Act, s 112(1). 8 (d) conviction of an offence punishable by imprisonment, which reflects upon fitness to practice or tends to bring the profession into disrepute. Miscon...