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1. CAC 10003 v Kumandan [2012] NZREADT 26 [pdf, 90 KB]

   ...Introduction [1] On 5 April 2012 the Tribunal issued its decision [2012] NZREADT 15. A Timetable Order was made for filing of submissions. Mr Kumandan raises the preliminary point that the penalty submissions of the Complaints Assessment Committee were filed out of time. These were due to be filed on or about 15 April 2012. In fact they were filed on 20 April 2012. [2] Mr Kumandan invites the Tribunal not to read the submissions of counsel for the Complaints Assessment Committee....

2. [2019] NZEmpC 162 Leota v Parcel Express Ltd [pdf, 92 KB]

   ...proceedings are set down for a three-day hearing commencing next Wednesday, 20 November 2019. Yesterday the defendant sought to file a supplementary brief of evidence, together with six additional documents for the hearing. The plaintiff opposed the filing of these documents. His opposition was principally directed at the fact of late filing, although additional issues as to relevance in respect of the supplementary brief of evidence were also raised. [2] I heard from cou...

3. Appellate judgments 2019

   ...APPEAL – meaning of “not a regular part of the employee’s pay” – calculation of productivity and incentive-based payments – application granted. [2019] NZCA 566 Underhill v Coca-Cola Amatil (NZ) Ltd APPLICATION FOR LEAVE TO EXTEND TIME TO FILE APPEAL – applicants are lay-people – delay has been lengthy and not explained – limited prejudice to respondent – application granted with conditions. [2019] NZCA 386 Ioan v Scott Technology NZ Ltd TRIAL PERIODS – notice does not tak...

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4. Forms

   ...Appeal Use this form to appeal against a decision made by the Charities Registration Board or the Chief Executive from the Department of Internal Affairs. Notice of Defence Use this form if you are named as a respondent in an appeal and you wish to file a response to the appeal made against you. Application for extension of time to file an appeal Use this form if you fall outside the appeal timeframe.  Application for rehearing Use this form to apply for a rehearing of an appeal, if...

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   2. Taxation and Charities Review Authority >
   3. Charities Appeals

5. Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]

   ...JUDGMENT OF JUDGE D J AMBLER 57 Taitokerau MB 76 Introduction [1] This decision concerns the narrow issue of withdrawal of an application. Background [2] On 27 May 2009 Dovey Property Holdings Limited filed an application to confirm its acquisition of the Māori land known as Orokawa 3B Part Lot 8 DP41892 (“the land”) pursuant to s 151 of Te Ture Whenua Māori Act 1993 (“the Act”). [3] The land was owned by the late Dovey Erana R...

6. Calder v Bharani [2017] NZIACDT 6 (6 April 2017) [pdf, 169 KB]

   ...Immigration New Zealand was satisfied that the visa application was in order, and granted it. [6] Immigration New Zealand, through one of its officers, lodged this complaint. The Registrar required Mr Bharani to provide a copy of his client file for inspection; however, he only supplied the documents that had been delivered to Immigration New Zealand in support of the visa application. He did not provide anything that could be described as a conventional client file. [7] The Reg...

7. Matchitt v Patchell - Torere 64 Incorporation (2019)212 Waiariki MB 155 (212 WAR 155) [pdf, 298 KB]

   ...a telephone conference following the filing of a number of memoranda with regards to the procedures for the upcoming AGM. Following some discussion, the Court has been asked to address the following four matters: (a) Can the proxies which were filed for the AGM of 8 December 2018 be used for the AGM of 25 May 2019? (b) Can the nominations put forward for the AGM of 8 December 2018 carry over and be used for the AGM of 25 May 2019? (c) Can shareholders still file proxy for the AGM...

8. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

   ...Appearances: W Coutts, for the Applicant S Samuels, for the Respondents Judgment: 31 May 2018 JUDGMENT OF JUDGE M P ARMSTRONG 174 Taitokerau MB 52 Introduction [1] Geraldine Baker filed an application on behalf of the Proprietors of Matauri X Incorporation (“the Incorporation”) seeking a permanent injunction: (a) Preventing Dannie Samuels-Thomas and Rhonda Cowan from entering, or undertaking any further work, o...

9. [2021] NZEnvC 071 Box Property Investments Limited v Auckland Council [pdf, 421 KB]

   ...Residents and Ratepayers Association Inc. and Howick Resident and Ratepayers Association Inc. B: The Environment Court otherwise refuses the application by Reydon Place Residents Society Incorporated. C: Under s 286 of the RMA, this order may be filed in the District Court at Auckland for enforcement purposes (if necessary). REASONS Introduction [1] On 9 September 2019 the Court received an appeal from Box Property Investments Limited (Box Property) against a decision of Auckl...

10. Insley v Insley - Awanui Haparapara 2B 1B 2 Block [2020] Māori Appellate Court MB 29 (2020 APPEAL 29) [pdf, 254 KB]

    ...time [7] The appellant sought leave to appeal out of time on the basis that the parties were encouraged by the Court and advised by previous counsel to try to resolve matters. The appellant stated that she was unaware of the two-month deadline for filing an appeal and therefore did not file until the conversations with the trustees failed. Ms Insley did not believe her then counsel raised the issue of the filing deadline. [8] Therefore, the appellant did not pursue her appeal rights...