Search Results

1. [2018] NZEnvC 106 The Wellington Company Limited v The Save Erskine College Trust [pdf, 210 KB]

   ...concept plan. [5] The third interim decision largely approved the draft conditions and issued directions for creation of a bond to replace previously-indicated conditions about the order of works on the site. [6] Subsequent to that the parties have filed and exchanged submissions debating the extent and likely value of works to be bonded concerning the chapel; and TWCl has filed three affidavits, by Mr DBM Smith on engineering matters (1 June 2018), Mr NM Edwards as to the quantit...

2. Maori Land Court Form 38 - Application to add reduce replace or remove trustees [pdf, 136 KB]

   ...Form 38 Rule 12.8 WHAT IS THIS FORM FOR? Use this form to add, reduce, replace or (in exceptional circumstances) remove trustees of a Whānau Trust, Kaitiaki Trust, Ahu Whenua Trust, Whenua Tōpū Trust, Pūtea Trust or Māori Reservation. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate application fee and can should be filed with the Registrar in the District in which some or all of the land is located; (ii) Please ensure that all inf...

3. [2017] NZEmpC 34 Twentyman v The Warehouse Ltd [pdf, 140 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN BARBARA TWENTYMAN Plaintiff AND THE WAREHOUSE LIMITED Defendant Hearing: By memoranda of submissions filed on 31 January 2017 Appearances: P Swarbrick and M McGoldrick, counsel for defendant Judgment: 29 March 2017 COSTS JUDGMENT AND FURTHER ORDER OF JUDGE K G SMITH Introduction [1] In this proceeding Ms Twenty...

4. Brown - Te Piringatahi o te Maungarongo Marae (2001) 28 Auckland MB 350 (28 AT 350) [pdf, 824 KB]

   ...make the reeomll1enciatiou sought to vary the reservation set IIside on 8 June 1991. It will also make the consequential orders varying the licence to occupy grauted to Te Kohansa Reo 0 te Maungarongo on I G August 1999 in accordance with the plan filed at the heal'lng on 28 May 2001. Counsel for the applicant is accordingly to file within I month, the following: Drat[ order with plan annexed identifying the area (with measurements anci aecess/parking/walkwoys) for use by Te Kohanga...

5. Tipene v Gray - Estate of Jack Tuakana Hurae Tipene (2007) 187 Napier MB 287 (187 NA 287) [pdf, 137 KB]

   ...Hurae Hoeroa Tipene pursuant to section 43 of Te Ture Whenua Maori Act 1993 for rehearing of an application to succeed under section 109 of Te Ture Whenua Maori Act 1993 to the interest of Jack Tuakana Hurae Tipene. [2] A rehearing application was filed following succession orders made on 2 December 2004 (178 Napier MB 227) which vested the interests Jack derived from his mother, Pani, solely in the name of Pani's granddaughter, Lorraine Gray. The interests Jack derived from his fat...

6. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...and cobwebs in it. The detector was cleaned and reset. This callout cost $201.25. [4] Mr TI has not paid for these callouts, as he considers that the company has failed in its contractual duties to maintain the alarm system. The company has filed a claim for their payment ($513.51). [5] The issues to be resolved are: (a) Has the company provided its service with reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company prov...

7. COVID-19 Recovery (Fast-track Consenting) Bill [pdf, 133 KB]

   ...review, but “any attempt completely to deprive the High Court of its review powers would violate the guarantee”.2 18. Clause 43 of Sch 6 to the Bill requires a person who wishes to both appeal and apply for judicial review of a panel decision to file the appeal and the application at the same time. This prohibition amounts to a procedural restriction on the right to judicial review, and therefore prima facie limits s 27(2) of the Bill of Rights Act. 19. Requiring litigants to raise...

8. Carey Clan Trust v Still [pdf, 23 KB]

   SUMMARY Case: Carey & Anor v Still & Ors – Procedural Order No. 2 File No: TRI 2009-101-000022/ DBH 05711 Court: WHT Adjudicator: R Pitchforth Date of Decision: 3 August 2009 Background This Procedural Order deals with removal applications filed by: • the second respondent Mrs Susan Still • the third respondent Tauranga City Council (Council) • the fourth respondent CGAF Ltd t/a Bay Inspections • the fifth respondent The Building Advisory Bureau NZ...

9. LCRO 211/2017 PD v OR and FX (16 October 2018) [pdf, 146 KB]

   ...1 Ms OR is now Judge OR. 2 [4] The Committee advised Mr FX of its preliminary decision and, having received that advice, Mr FX elected not to respond formally to the complaint. [5] It is not clear from the Committee’s file what communications took place with Judge OR, but there is no response to the complaint from her on the file. Review Delegate [6] The review progressed by way of an applicant only hearing in [city] on 4 October 2018. The hearing was...

10. [2019] NZEmpC 42 McNabb v Silver Fern Farms Ltd [pdf, 253 KB]

    ...aimed at besmirching the name of her former partner. 3 Relying on Ports of Auckland Ltd v Angus [2011] NZEmpC 106 at [65] and Salt v Fell, above n 2, at [85]. [12] Silver Fern Farms filed an affidavit from the former plant manager at the Te Aroha plant in support of its application. He gives evidence that he investigated allegations made by Ms McNabb against her former partner and found that they were without foundation...