Search Results

1. Annexure 2 - Scope Challenges [pdf, 281 KB]

   ...plan change, must apply cl 10(1) to (3) of Schedule 1 to the Act as if it were a local authority.6 Schedule 1 provides that the local authority must give a decision on the provisions and matters 1 Note: the court must consider all submissions filed whether or not the submitter is a party to the proceeding. 2 RMA, s 142(2). 3 Note: RMA, s 149E uses the term “proposed plan” and not “plan change”. Section 43AAC RMA defines “proposed plan” as including a “change to a p...

2. [2022] NZEnvC 104 Federated Farmers of New Zealand v Northland Regional Council [pdf, 534 KB]

   ...normally covered in water, but that is covered in water during high tides near full and new moon, when the tidal range is at its highest. This occurs twice a month all year round. D: Costs were not encouraged and no application/s for costs have been filed. Accordingly, this court makes no order as to costs REASONS Introduction On 11 February 2022, the Court issued an interim decision1 on Topic 16 – Livestock exclusion of the Proposed Regional Plan for Northland. The Court...

3. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...should be refused. It required the preparation of final wording of the consent conditions. The Court made directions in respect of steps to be taken if the parties could not agree on all wording and also required any application for costs to be filed. The parties have complied with the directions in respect of the finalisation of conditions, but have failed to agree on one condition. No application for costs has been filed and accordingly we understand the parties are conten...

4. King - Rangitikei Manawatu Part B4 Lot 1 DP 4102 (Old Post Office) (2024) 480 Aotea MB 242 (2024 AOT 242) [pdf, 294 KB]

   ...2023. The minutes record that nominations for up to seven trustees were sought and that George Larkins resigned as a trustee and both David Matenga and Mary Jane Scott retired as trustees. While there are no letters of resignation or retirement on file, all three outgoing trustees were in attendance at the AGM and no objections to their replacement was recorded in the minutes. [8] Four existing trustees were re-elected. They are Nuwyne Kiri Te Awe Awe Mohi, Wiremu Kingi Te Awe Awe I...

5. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [pdf, 195 KB]

   ...give a diagnosis of PTSD, replied “no not really”. [35] On 27 March 2023, a Notice of Appeal was lodged. [36] On 11 July 2023, Dr Dickson responded to a request that she reconsider her earlier advice on the appellant in light of new evidence filed by her, and advised: 9 I consider that my earlier advice of 23 May 2023 remains correct. Symptoms, such as flashbacks are specific to PTSD and so only fall under the category of a trauma response like PTSD. Having considered the...

6. [2024] NZREADT 24 – OG Trust v REAA (29 July 2024) [pdf, 180 KB]

   ...part-payment of the commission. As the Registrar found, that is a civil matter and not a matter concerning professional standards. The agency agreement regulates both the deposit and the commission. Best interests of trustees [61] In the application filed in the Tribunal, the trustees allege the licensee “altered the terms of the [sale and purchase agreement] from 30 days to 60 days”.36 No further particulars are given. [62] This was part of a broader allegation made to...

7. [2025] NZEmpC 93 CG v Calendar Girls NZ Ltd [pdf, 264 KB]

   ...disclosure. The proceeding was assigned Category 2B for costs purposes under the Practice Directions Guideline Scale.36 The parties are encouraged to reach an agreement as to costs. [83] If agreement cannot be reached, the plaintiffs are to file and serve a memorandum as to costs within 21 days of the date of this judgment. The defendant has a further 14 days to file and serve a memorandum in response with any reply to be filed and served within a further 7 days. Costs will th...

8. Nisha v South Auckland Muslim Association Incorporated [2024] NZHRRT 68 [pdf, 631 KB]

   ...plaintiff Mr S Khan for defendant DATE OF HEARING: 17-19 June 2024 DATE OF DECISION: 16 December 2024 2 convention centre at the same site. The administration of SAMA is undertaken by its executive committee (the SAMA executive). [2] Ms Nisha filed a claim in this Tribunal against SAMA in March 2021 alleging discrimination on the basis of sex. However, that claim was subsequently resolved by way of a settlement. A deed of settlement (Settlement Deed) was signed by Ms Nisha and...

9. Ruapuha and Uekaha Hapu Trust v Tane - Hauturu East 8 Block [2010] 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) [pdf, 226 KB]

   ...Mr Frame to advise that the proposed settlement was acceptable to the claimants. [20] Thus, the settlement of WAI 51 is evidenced by the exchange of correspondence of 29 and 30 May 1990 and is recorded in the AIP. However, in a joint memorandum filed with the Tribunal in 1996, Crown counsel and claimant counsel for WAI 51 refer to the final agreement being “reached on 14 June 1990”. Furthermore, it is said that the Cabinet minutes for 12 February 1990 (CAB (90) M3/11) and 25 O...

10. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

    ...the (SIN) share sale agreement. Also see Mr HT, email to Complaints Service (20 November 2017) – see my later analysis. 13 Mr HT, email to Complaints Service (20 November 2017). 5 [23] Yet, he said, Mr MK went on leave without passing the file to “a senior solicitor or partner” of the firm to “follow-up” and “finalise” the “detail required to conclude the settlement” of the sale.14 [24] He said during the time Mr MK was on holiday, the firm “would have been...