Search Results

1. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...be served in any event, pursuant to Regulation 10(2)(d), and that although Te Akitai Waiohua were closer to the airport, there was no practical implication upon that group that she was aware of. The Council's position [17] The Council had filed a comprehensive and helpful memorandum in this matter, In summary, the Council was of the view that the applicant could make an application to 7 the Court to make orders that could otherwise be made by the Council under s 37 of the

2. The Real Estate Agents Authority (CAC 413) v Taylor [2018] NZREADT 24 [pdf, 208 KB]

   ...proved. However, there is no requirement for us to consider charge 2 which was laid as an alternative alleging Ms Taylor was guilty of unsatisfactory conduct under section 72. Other matters raised by Ms Taylor [41] In the submissions which he filed Mr Chambers disputed the assertion that was made on behalf of the Committee that Ms Taylor was wilfully blind concerning the nature of the dealings that she was involved in. [42] It will be apparent from what we have already sai...

3. 2021-04-20 McArthur Ridge - ORC PC7 - Opening Submissions [pdf, 251 KB]

   ...McArthur Ridge parties are members of OWRUG and raise similar matters to OWRUG in their written submissions on PC?. However, the McArthur Ridge parties are not now opposing PC? in its entirety. Rather, in my written submissions, and in the evidence filed and to be presented today, the McArthur Ridge parties are seeking technical amendments to the controlled activity rule, and in particular Schedule 1 OAA. 5 These amendments primarily relate to the mechanism for determining rates o...

4. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

   ...succession and a family arrangement between Terence, his mother and his siblings. 2. The matter was heard on the 29th May 2006 before Judge Harvey, and Thomas gave oral evidence at that time. Judge Harvey adjourned the matter to allow the parties to file closing submissions. The file was then referred to me for decision. Facts 3. In the late 1980s Hurihia moved to Matapihi, initially moving into a garage on the block. Thomas and his family returned from Australia and, together with...

5. Pook v Gage - The Proprietors of Mangaroa and Other Blocks Incorporated (2017) 168 Waiariki MB 200 (168 WAR 200) [pdf, 220 KB]

   ...Jones, Katarina Powell, Lea Gage and Walter Earnest Swanson. Vena Appleton is recorded as the Secretary of Mangaroa Inc. Procedural History [6] An application for directions was received on 26 January 2017. Shortly after that, Vena Appleton filed an application seeking the removal of Leo Gage. [7] The applications were set down to be heard together on 2 May 2017. That hearing was subsequently adjourned for a teleconference to be held at a later date. 2

6. Smith v Smith - Waipaoa 5A2 (2017) 70 Tairāwhiti MB 161 (70 TRW 161) [pdf, 229 KB]

   ...held with counsel and Mr Hemana the next day, where the letter of 8 February 2017 was raised. I raised with counsel and Mr Hemana that, on a generous interpretation, what Bruce was seeking, was effectively, a rehearing. Subsequently, Mr Watson, filed a memorandum in response. [6] On 13 February 2017, I then issued a second interim judgment. 4 In that decision, I referred to the request of Bruce for a rehearing and the submissions of Mr Watson in response. I directed that all fi...

7. Adams v Aucamp [2016] NZIACDT 53 (14 September 2016) [pdf, 210 KB]

   ...order made under section 51(f) of the Act is recoverable as a debt due to the Crown under section 51(5) of the Act. It does not survive bankruptcy. An order in favour of a complainant or other person is simply a civil judgment debt, and the party can file it in the District Court for enforcement. A civil judgment debt is provable in a bankruptcy, and discharged with the bankruptcy. [34] It follows that of the financial orders the Tribunal could make in the present case: [34.1] Mr Aucamp...

8. Regulatory Impact Statement: Expungement scheme for historical homosexual convictions [pdf, 101 KB]

   ...purposes in New Zealand. Impact on affected individuals, society and government 21. There would be a cost and resourcing impact on the Ministry of Justice, which would be responsible for publicising the scheme, processing applications and preparing files for consideration by the Secretary for Justice. The scheme is expected to cost $200,000 per annum to administer, assuming 500 out of the potential pool of 1000 people with relevant convictions choose to apply. There would also be reso...

9. Love v Trustees of the George Love Whānau Trust - George Love Whānau Trust (2017) 45 Te Waipounamu MB 142 (45 TWP 142) [pdf, 228 KB]

   ...foreshore area later became Crown reserve land. Deputy Chief Judge Fox concluded that this was not a matter to be heard under s 45 but should be heard in a separate application under s 18 to determine ownership of the woolshed. [12] Jim subsequently filed an application under s 18 of the Act and the matter came before me on 17 November 2016. I concluded that the Court did not have jurisdiction over the land as it was Crown reserve land, 6 and I directed that the matter be transferre...

10. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [pdf, 150 KB]

    ...[12] An application was accordingly made by Ms Chen on behalf of that complainant for a visitor visa under s 61 of the Immigration Act 2009, a discretionary power. The complainants were not told of this. It was declined. [13] Ms Chen then filed a request under the Official Information Act 1982 and this was completed in February 2015. [14] No further immigration applications were made by Ms Chen. [15] Following the lapse of the motel purchase contract, the complainants explo...