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1. Pou - The Petuere me Hemo Wharemate Whānau Trust [2018] Chief Judge's MB 626 (2018 CJ 626) [pdf, 316 KB]

   ...been unable to succeed to his interests. Background [4] The Registrar’s Report and Recommendation (the Report) sets out the background to the application. The Report is reproduced in full as follows: Introduction 1. This application, filed by Te Irihapeti Pou and Te Ringakaha Tia-Ward (the Applicants), seeks to cancel an order of the Court at 30 Kaikohe MB 308-309 (29 April 2001) constituting the Petuere me Hemo Wharemate Whānau Trust. 2. The Applicants claim the said ord...

2. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   ...Environment Court orders that the Ohau Protection Society Incorporated is to pay $40,510.00 to Stephen and Linda Simmons. B: Under s286 of the Resource Management Act 1991, this court names the District Court at Timaru as the court this order may be filed in for enforcement purposes (if necessary) . REASONS Introduction [1] This proceeding concerns an appeal by the Ohau Protection Society Incorporated Ohau Protection Society Inc v Waitaki DC - Costs Decision 2 against a...

3. [2019] NZEnvC 075 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 3.6 MB]

   ...might hamper the mediation process without much countervailing benefit. [2] As it transpired, mediation did not resolve the issues between these parties. Creswell renews its application and Sustainable Otakiri maintains its opposition. Creswell has filed updated evidence in relation to the costs it anticipates it will incur. Both parties have filed updated legal submissions. Background [3] The background to this appeal is set out in the earlier decision2 and need not be fully repe...

4. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

   ...submitted that the following matters were relevant to the consideration of penalty: (a) neither area of conduct could be placed at the lowest end of unsatisfactory conduct; (b) the lack of a proper response to repeated requests for the client file and the length of the delay were aggravating features; (c) that Mr Shand breached the rule about confidentiality which is fundamental to the lawyer-client relationship and did so carelessly; and (d) that Mr Shand’s prior disciplinary...

5. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 22 (16 July 2020) [pdf, 112 KB]

   ...the Standards Committee Mr J Wiles for the Practitioner 2 DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] The two matters before the Tribunal have had a somewhat tortured history. The first set of proceedings was filed in late 2018. When it appeared that there was the likelihood of further charges, that matter was delayed and it was agreed that a consolidated hearing of the two sets of charges would be held. That hearing took place in July 2019. For...

6. Fletcher v CAC412 & Nops [2019] NZREADT 35 (21 August 2019) [pdf, 265 KB]

   ...Committee resolved that it was not necessary for them to enquire further into the complaint. Further details about the complaint will be discussed subsequently in this decision. [2] The appellant was not prepared to accept that outcome and filed this appeal. [3] The approach to an appeal of this kind is summarised in McGechan on Procedure in the following terms:1 HR20.18.02 Appeals from exercise of discretion Where the appeal is against a finding which is within the discre...

7. Moses-Heeney - Estate of Eric Moses (2018) 201 Waiariki MB 122 (201 WAR 122) [pdf, 282 KB]

   ...te maumahara ki a rātou me tā rātou i mahi ai? Nō reira, waiho rātou ki a rātou, ko tātou ki a tatou. Hei tīmatanga kōrero - Introduction [1] An application for succession to Eric Eria Moses also known as Eric Mohi or Eria Mohi was filed on 2 March 2018. The deceased was married to Mere Moses and they had 16 natural children, two of whom were adopted out and one who died without children. In addition, Eric and Mere had two whāngai children. [2] The whāngai, Phillip...

8. Te Manutukutuku Issue 19 [pdf, 858 KB]

   ...National Archives is beginning shortly to place the papers of completed claims on microfiche - the microfiche will be available to the Tribunal and to the public for purchase from Victoria University, Welling­ ton, next year. The hard copy will be filed with National Archives. The project will make research material more readily available as well as creating more space in the Tribunal's storage area. Public relations and information service The need for information on the Tribuna...

9. Motiti Avocados Limited Submissions - 5 December 2017 [pdf, 148 KB]

   ...Matarehua Pa.3 12. The appellants propose wahi tapu areas that have a radius of one nautical mile {1.85km) and a diameter of two nautical miles {3.7km). However, beyond a general reflection of relationship and/or improvement in mauri, the evidence filed in support of the appellants' relief does not clearly articulate the cultural values that are sought to be protected by these expansive wahi tapu areas which are larger in scale than Motiti Island itself. Existing ASCV 25 already...

10. Murray v Murray - Halkyard Whakakoro A Part (2021) 243 Taitokerau MB 229 (243 TTK 229) [pdf, 243 KB]

    ...[18] As his conviction is the primary ground for removal, I considered he should have the opportunity to pursue his appeal before I determined whether he should be removed. At the conclusion of the hearing, I directed Mr Murray-Halkyard to file a copy of his appeal within three weeks. On 3 May 2021, he sought an extension of four weeks so he could get legal advice. I granted the extension. Despite that, the appeal was never filed. On 24 September 2021, the case manage...