Search Results

1. 2021-06-14 Trustpower - MOC - Submissions in response to Amicus Curiae memorandum [pdf, 718 KB]

   ...to replace deemed permits. Practical context 3. As outlined during the presentation of Trustpower’s case, Trustpower has lodged with Otago Regional Council applications for consents to replace seven deemed permits. Those applications were filed as early as February 2020 and in each case prior to 1 April 2021. These applications may not be finally determined before 1 October 2021. 4. Accordingly, the suggestion by Dr Somerville that s124(3) of the RMA is not applicable to e...

2. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...of replacement trustees for Toroanui Marae, namely Pauline Tairawhiti-Kukutai and Colleen Tuuta to replace Desmond Rangitaawa. This was in accordance with a meeting of beneficiaries held at the marae on 4 October 2020. In addition, Kara Tuuta filed an email on 23 October 2020 withdrawing an earlier request to resign as a responsible trustee. [2] Potāua Rangitaawa objected to the process but also raised concerns about how the trustees were administering the land and a Provincial...

3. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

   ...evidence which LC gave in a straightforward and plausible manner. b. LC also provided a written letter from an independent window professional, EI trading as [Window Company]. EI states that all of the opening sashes have been made using 30mm profile aluminium, and that this is the wrong size for the window openings, and it should have been made using 27mm profile aluminium. 12. I have had regard to DH’s view that it had been assured by its subcontractor, QH, that the 30mm prof...

4. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

5. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

6. [2022] NZEmpC 86 Tupe v The Board of Trustees of Te Manawa o Tuhoe Trust [pdf, 233 KB]

   ...employed by Nation Logging Ltd directly for approximately 10 weeks in the preceding period. Costs [40] The parties are to discuss and hopefully agree on costs. If no agreement is reached, the Trust may apply for costs by memorandum filed and served within 28 days of the date of this judgment. Any response from Mr Tupe is to be filed and served within a further 21 days, with any reply from the Trust to be filed and served within seven days thereafter. Costs then will be...

7. [2022] NZEnvC 120 Director-General of Conservation v Whangarei District Council [pdf, 264 KB]

   ...ENVIRONMENT COURT _________________________________________________________________ A: The Court confirms the provisions as set out in Annexure 1. B: Applications for costs were not encouraged and the Court understands no costs applications have been filed. Accordingly, there is no issue as to costs and the Court makes no orders. 2 REASONS Introduction On 16 June 2022 the Court issued its second interim decision in relation to the District Wide – Kauri dieback topic...

8. [2022] NZIACDT 22 - SU v Murthy (Sanctions) (29 August 2022) [pdf, 202 KB]

   ...received the assessment application. [12] Ms Murthy offered the complainant a refund of $1,500 on 7 December 2020. She said she had spent considerable time on their matters. Decision of the Tribunal [13] The Tribunal found: (1) The late filing of the assessment application was a breach of Ms Murthy’s obligation in cl 1 of the Code to conduct her work with diligence and due care. (2) Ms Murthy did not have a written contract for the work visa application, in breach of...

9. [2022] NZIACDT 23 - TQ v Gibson - Sanctions (7 September 2022) [pdf, 107 KB]

   ...application to Ms Gibson by email. She did not respond by the deadline. Immigration NZ then sent an email to her on 17 March 2021 noting that there had been no response, so the residence application would be assessed based on the information on the file. She replied on the same day seeking further time. While the visa officer declined an extension, the officer advised that she would accept further information sent on that day. 1 TQ v Gibson [2022] NZIACDT 18. 3 [10]...

10. BE v PG Ltd [2022] NZDT 37 (8 February 2022) [pdf, 196 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...