Search Results

1. [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...

2. 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...

3. 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...

4. 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 ...

5. 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...

6. MVDT Annual Report 2017-2018 [pdf, 346 KB]

   ...to a 42.39 % increase in applications to the Tribunal in the last two years. The Tribunal also handled 99 disputes that had been carried over from the previous year. Y/E 30/6/16 Y/E 30/6/17 Y/E 30/6/18 Total number of disputes filed during the year 342 399 487 Disputes carried over from previous year 43 60 99 TOTAL 385 459 586 2 Those applications came from throughout the country, with the majority involving traders based...

7. Pera v Broomfield-Hoet -Tuhuna 16B (2021) 229 Taitokerau MB 190 (229 TTK 190) [pdf, 236 KB]

   ...be facilitated by an independent person on behalf of the Court. I direct the Registrar to make enquiries with Kath Taurau, the Principal Liason Officer, to determine whether she is available to facilitate the meeting; (e) Ms Taurau is to file a report on the outcome of the meeting. The trustees will need to file copies of the minutes, notice and attendance register for the meeting; (f) Once the above material has been filed, this application is to be set down for furth...

8. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...The trustees seek costs in the sum of $8,353.61. Broken down the costs include: a) Solicitors costs $7,200.00 b) GST $900.00 c) Expenses (GST inclusive) photocopying, bureau fax, tolls $253.61 TOTAL $8,353.61 [4] Counsel for the appellants filed submissions in response on 19 November 2009. [5] We note the date the submissions were filed and apologise for the delay in delivering this decision. [6] The issue for this Court is whether costs should be awarded and if so the ap...

9. Clarke v Rewha - Hauai No 2G Sec 2B (2019) 186 Taitokerau MB 68 (186 TTK 68) [pdf, 366 KB]

   ...[20] Louise and Robert argue they obtained a loan from the Te Ukaipo Whānau Trust, a trust established for Robert’s immediate whānau. Edith disputes this, arguing she had never heard of a loan from the Ukaipo Whānau Trust until Louise filed evidence in this proceeding. [21] Louise asserts she and Robert repaid the loan to the Ukaipo Whānau Trust for the purchase of the shed. She states that a further loan was taken out for the renovations to install the toilet block. S...

10. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

    ...proceedings should be dismissed. 1 Drought v Auckland Council [2018] NZERA Auckland 261. [3] It was anticipated that the substantive challenge would be heard on 5 March 2019, and the parties filed evidence and submissions. However, Mr Drought applied to strike out the challenge, and sought to have that application dealt with first, as a preliminary matter. I proceeded to hear that application on 5 March 2019. The subst...