Search Results

1. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...originally provided on a gratuitous basis, such a payment is permitted under ss 121(1) and 80(1) on application by the injured person, as such care is congruent with the purposes of the Act and the objectives of the rehabilitation provisions. [44] At [101] to [103]: The ACC Policy Committee document dated 14/9/04 in respect of payments to be made following the Campbell and Handley judgement confirmed that back payments for attendant care could be made under ss 121 and 80...

2. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

   ...impartial mind to the resolution of the issues in the present proceedings. [17] The recusal application is accordingly dismissed. [18] In any event the issue is largely academic: [18.1] Ms J Grant is no longer a member of the Panel maintained under s 101 of the Human Rights Act as her term of appointment expired on 8 November 2012. [18.2] Ms Scott is not available for the hearing in May 2014 owing to other professional commitments. [19] In the result, the only member common to the...

3. The Chief Executive of Land Information New Zealand v Taare - Awapuni 1F3 (2016) 60 Tairawhiti MB 90 (60 TRW 90) [pdf, 203 KB]

   ...implement the retention principle was activated. [44] Both parties have indicated that they are still prepared to negotiate or provide a right of first refusal. I note that Airways prefers to go to the market now and offer the right 60 Tairawhiti MB 101 of first refusal to the respondents, but I consider that this is not in the interests of justice at this time. [45] The relationship of the respondents with Awapuni and the fact that 1F and 1F3 were taken from the Māori o...

4. ENV-2016-AKL-000TBA Vernon v Auckland Council [pdf, 184 KB]

   ...Form 6 Notice of appeal to Environment Court Section 156, Local Government (Auckland Transitional Provisions) Act 2010 To: The Registrar Environment Court Specialist Courts and Tribunals Centre Level 2, 41 Federal Street, Auckland 1010 PO Box 7147, Wellesley St., Auckland 1141 unitaryplan.ecappeals@justice.govt.nz 1. I, K Vernon, appeal against decisions of Auckland Council (the Council) on the Auckland combined (Unitary) plan (the proposed plan). 2. I have th...

5. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

   ...respondents, and the acceptance of those without challenge, means that the effects will be the same whether an order is made or not. [37] I do not accept that there are substantial differences between the effect of the Walden v Auckland CC [1990] NZRMA 101 12 abatement notices and the order sought by the applicants. I do not see any realistic basis on which the second or third respondents could undertake earthworks in a way that would not result in the first respondents or Mr Ev...

6. BORA Te Ture Whenua Māori Bill [pdf, 218 KB]

   ...descendants, the Bill limits section 19 of the Bill of Rights Act. The issue is one of intra- 7 That is, those biological relationships not affected by adoption. 8 Clauses 16, 25, 48, 59, 96, 100, 101, 141, and 292 detail these benefits. 9 Under section 16(2) of the Adoption Act 1955, a person who is adopted severs legal ties with their birth parents and is in law considered as a natural child of the adoptive parents. ground di...

7. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...All persons present in Court were aware of my own particular tribal affiliations through my involvement in local affairs for over a decade. I also asked in open Court if there were any objections to me hearing the application and none were voiced, 101 Whakatane MB 257. Indeed, those opposed to the application because of, inter alia, tribal issues, did not object. Consequently, having carefully considered the matter, and in the absence of any opposition, I see no grounds for recusal. In add...

8. New Zealand Guardian Trust Company Ltd v Bidois – Estate of Nikora Bidois (2007) 305 Rotorua MB 234 (305 ROT 234) [pdf, 2.7 MB]

   ...be 20 on 31 August 2008. The Law [13] I set out those provisions of the Act which would appear to apply directly to the applications: 108 (2A) A person in whom an occupation order has been vested may.lea.ve the occupation order by will to any 101' more persons who come with iii subsection (2). (2B) A person is entitled to succeed to an occupation order by wiU- (a) if the person owns a beneficial interest in the land to which the occupation order applies; and (b) if the Court...

9. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...September 2016. [6] Included in the apartments sold by Mr O'Loughlin after construction was completed were 203 (sold on 23 November 2016), 201 (sold to Mr Cleaver on 10 July 2017), 501 (sold to Mr and Mrs McNicholl on 17 August 2017), and 101 (sold to Mr Lennon and Ms Fraser on 4 September 2017). [7] A complaint was received by the Authority on 1 December 2017, from Mr Lennon, for himself and on behalf of Ms Fraser, Mr Cleaver, Mr and Mrs McNicholl, and the purchasers...

10. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

    ...complete course “Explain the principles of ethics applying to real estate practice” READT 036/14 2013 Held advertising money in his personal bank account rather than 25 November 2014 (Guilty plea) 18 December 2014 [2014] NZREADT 101 depositing it in the agency’s account Misconduct (Seriously negligent real estate work) Ordered to complete “a suitable refresher educational course to focus on general office practice in handling clients’ and custom...