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  1. TB v KP LCRO 174/2016 [pdf, 167 KB]

    ...that Mr KP had failed to respond to Mr TB’s telephone calls or other inquiries. (b) Noted that whilst the letter dated 1 April 2016 was “assertive, it was not discourteous or intended to be offensive”.2 Application for review [14] Mr TB filed an application for review on 28 July 2016. He sought reconsideration of his complaint in terms that: (a) The High Court had since held that the caveat must lapse.3 (b) The Committee had failed adequately to address his complaint abou...

  2. Mansell - Haparangi A4 (2005) 288 Rotorua MB 9 (288 ROT 9) [pdf, 808 KB]

    ...INTERIM DECISION 1. The Applications The Haparangi A4 block contains just over 290 hectares according to the Maori Land Information Service printout and is managed as a commercial exotic forest. The applicants are owners in the block and have filed two applications. The first is t6 terminate the Haparangi A4 Ahu Whenua Trust established in 1995 to administer the block. The second application is to incorporate the Haparangi A4 Incorporation to administer the land (together with certain...

  3. Connors - Rakautaua 1B2A2 (2007) 180 Aotea MB 242 (180 AOT 242) [pdf, 825 KB]

    ...2007 Appearances: Mr M Restieaux for the applicants Judgment: Introduction Mr J W Tizard for the consenting owners Ms H Hipango for the dissenting owners 24 January 2007 RESERVED JUDGMENT OF JUDGE L R HARVEY [1] Mark and Raymond Connors filed an application to purchase Rakautaua 1B2A2 for $555,000 on 22 December 2004. Alternatively, they sought a fifteen­ year lease of the land. At a recent hui a majority of beneficial owners, including the Connors, who are the largest indi...

  4. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

    ...New World. This letter was never sent to the complainant. [15] In mid-March 2017, the complainant and Mr P had another telephone discussion about his medical tests. 1 Both R and ZAR are used in the file documentation for the South African Rand. 4 [16] The complainant applied for the role in New Zealand but was advised on 28 April 2017 that he was unsuccessful. [17] On 7 May 2017, the complainant received from New World a list of a...

  5. [2018] NZEnvC 192 Hawkes Bay Fish & Game v Hawkes Bay Regional Council [pdf, 1.2 MB]

    ...submissions in light of the agreed position reached. The matter of whether or not a s293 direction would be made was not discussed. A record of the teleconference was issued by Minute the same day. [9] On 17 August 2018, two memoranda of counsel were filed. One was a joint memorandum on the outcome of the expert conferencing and the court's 12 July Minute. It was signed on behalf of HBFG, RFB, FFNZ and HBRC ('Joint Memorandum'). The other was on behalf of MTB (&#039...

  6. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

    ...Applicants contended that the issue of activity status should be resolved by way of a declaration from this Court, not only for "new build" proposals, but also for future activities in temporary or leased facilities. [5] Two affidavits were filed, by "witness A", a film producer, and one from "witness B", an expert in funding film productions. [6] The Council did not file evidence. It filed a notice of opposition, but in the hearing indicated that it wo...

  7. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

    ...interests. Ms Hallett did however produce a document called a “funeral plan” which purported to set out the deceased’s intentions for her funeral naming Ms Hallett as a beneficiary. [8] Following the hearing, a letter of support was also filed with the Court by Dione Campbell, another sister of Ms Hallett. Ms Campbell confirmed the de facto relationship between her sister and the deceased and noted they had entered into many business dealings together. She submitted that i...

  8. Hutana - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 27 (57 TWP 27) [pdf, 320 KB]

    ...addressing whether the applicant should provide an undertaking as to damages pursuant to r 32.2 of the High Court Rules 2016 (HCR) and, if so, whether 57 Te Waipounamu MB 30 the applicant is prepared to provide such an undertaking. Mr Ormsby filed submissions on 18 June 2019. [9] The issues I now need to determine are: (a) Does r 32.2 of the HCR apply to an order restraining Huia Williamson’s powers in relation to the estate’s accounts? (b) If so, should the applica...

  9. LCRO 137/2017 and LCRO 33/2018 CH v RB and GN (28 June 2019) [pdf, 192 KB]

    ...available if the LCRO considers that the review can be adequately determined in the absence of the parties. [31] I record that having carefully read the complaint, the response to the complaint, the Committee’s decisions and the submissions filed in support of and in opposition to the applications for review, there are no additional issues or questions in my mind that necessitate any further submission from either party. On the basis of the information available I have conclude...

  10. [2020] NZEnvC 198 Lake Road Preservation Society Incorporated v Lake Road Quarry Limited [pdf, 801 KB]

    ...raised by the Society. After continual complaint, the Applicant applied for a resource consent to allow the activity but took some considerable time to progress that Application. [29] We have concluded that the Society was entirely reasonable in filing the application for enforcement orders given the delays in progressing the consent application. We acknowledge (as does the Lake Road Preservation Society) that Mr O'Callaghan came into this situation very late just prior to the...