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1. Auckland District Law Society v Mathias [2010] NZLCDT 10 [pdf, 42 KB]

   ...in an informal way would be present at the hearing. That did not pose a difficulty because at an early stage Mr Mathias admitted each of the 13 charges faced by him and before the Tribunal for consideration at this hearing. Mr Mathias had also filed a written submission appending some medical reports for the Tribunal’s consideration at the sanctioning hearing. He indicated in his response to the charges that he not only saw strike off as an inevitable outcome of the hearing but...

2. [2017] NZEnvC 166 Clarence Harvest Ltd v Waimakariri District Council [pdf, 1.7 MB]

   ...Management Act 1991, the Environment Court orders that Clarence Harvest Limited is to pay Brendan and Angelique Glubb $4,000.00. B: Under section 286 of the Act this Court names the District Court at Christchurch as the court this order may be filed in for enforcement purposes (if necessary). CLARENCE HARVEST LlMTIED V WDC & OTHERS - COSTS DECISION OCTOBER 2017 Introduction 2 REASONS [1] This proceeding concerns an appeal by Clarence Harvest Limited against a decision...

3. DN v EO LCRO 263/2013 (31 August 2015) [pdf, 44 KB]

   ...inappropriate for Mr EO to have 2 disclosed information that was personal to Mr DN, which had come into Mr EO’s possession only because of his involvement in NZLS. Standards Committee process [5] There is no evidence on the Standards Committee file of NZLS sending Mr DN’s complaint to Mr EO, of Mr EO being invited to respond, or of him providing any response in the course of the Committee’s process. [6] The Committee considered the complaint, which included Mr EO’s...

4. AH v ZS LCRO 90 / 2010 (10 February 2011) [pdf, 79 KB]

   ...obtaining the documents and information from the Respondent. [12] It must be noted at this stage that the Standards Committee made no specific reference to the complaint concerning “controlled money transactions” and I am unable to discern from the file exactly what the Applicant is referring to in this regard. Consequently, this aspect of the complaint has not been considered by me, but in the overall context of the complaint, I consider that this does not affect the outcome of...

5. [2017] NZEmpC 35 Ahuja and Others v Labour Inspector [pdf, 336 KB]

   ...KHOOBSURAT COLLECTIONS LIMITED (IN LIQUIDATION) AND NEELAM AHUJA AND CHIRAG AHUJA Third Plaintiffs AND A LABOUR INSPECTOR, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Defendant Hearing: On written submissions filed on 15 and 21 March 2017 Appearances: G Bennett and C Bowdler, advocates for plaintiffs M Urlich, counsel for defendant P Gunn and G Taylor, counsel for Employment Relations Authority (appearing by leave) Judgment: 3...

6. [2018] NZEnvC 140 Mawhinney v Auckland Council [pdf, 2.5 MB]

   ...of ENV-2015-AKL-088 is adjourned until 1 October 2018 to enable Mr Mawhinney to supply (and serve) the maps referred to in Order C. C: Under section 279(1)(a) RMA the Environment Court directs: D: (1) Mr Mawhinney (as trustee) is to prepare, file and serve on the Auckland Council and all current owners of Lots 1 and 933 DP 320387 and Lots 323 and 324 DP 210991 by post and to Ms Low of Alexander Low and Associates who are solicitors for some of the parties, two maps of Waitakere...

7. Diamondaras v Rice - Rangiuru Part No 2A Bock (2016) 148 Waiariki MB 253 (148 WAR 253) [pdf, 223 KB]

   ...prerequisites to the granting of a rehearing under s 43 of the Act. 7 The ultimate issue is where the interests of justice lie. Discussion [21] The relevant orders were issued on 17 November 2014 and 7 July 2015. The application for rehearing was filed well outside the 28 day time frame contemplated by s 43(2). The question is therefore whether the application could have reasonably been made sooner. [22] The applicant submits that she did not become aware of the application or...

8. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 18 [pdf, 327 KB]

   ...her by B and J and such is not a matter of ‘luck’ as suggested by the applicant. Acknowledgment and acceptance [15] Counsel submitted that the respondent is due considerable credit for having admitted the various errors from the moment she filed her response to the charge and for co-operation with both the Committee and the Tribunal throughout. Deterrence and protection of the public [16] Counsel’s submission under this factor was that the Tribunal is dealing with errors o...

9. National Standards Committee v Denham [2017] NZLCDT 30 [pdf, 180 KB]

   ...as to the test for strike-off for misconduct, he pointed out that “lack of insight and remorse, or recognition of fault and resolution to change are relevant”. Mr Pyke submitted that Ms Denham had demonstrated some insight in her recently filed affidavit. He submitted that whilst “the Tribunal has taken a critical view of aspects of Ms Denham’s conduct”, a suspension and censure would serve the statutory purposes. [17] Mr Pyke reminded the Tribunal that penalty must be ...

10. Carlton v Dodd - June Dodd Whānau Trust (2017) 377 Aotea MB 248 (377 AOT 248) [pdf, 342 KB]

    ...order to change the beneficiary class of the trust to the “biological descendants of June Dodd”. This will exclude Mrs Carlton’s legally adopted daughter from being a beneficiary. Mrs Carlton submits that no minutes of meetings have been filed to support either the variation to the trust, her replacement as a trustee or the opening of a bank account for the trust. [7] At the hearing, Mrs Carlton expressed dismay that the whānau trust, as originally intended to operate, w...