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1. Taiaroa - Section 15A Part Block B Otakou Māori Reserve and section 15 Block B Otakou Māori Reserve (2003) 103 South Island MB 174 (103 SI 174) [pdf, 300 KB]

   103 South Island MB 174 In the Maori Land Court of New Zealand Te Waipounamu District DECISION Background File: A20030003230 IN THE MATTER an application under Section 175 of Te Ture Whenua Maori Act 1993 by John Richard Taiaroa for an order in relation to the blocks known as Section 15A (Part) Block B Otakou Maori Reserve and Section 15 (also known as 15B) Block B Otakou Maori Reserve Application has been made for confirmation of a resolution to sell Otakou MR Block B...

2. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...[3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by the Motor Vehicle Disputes Tribunal? Does the Disputes Tribunal have jurisdiction to hear this claim? (b) Did TY have apparent authority to act on TYY’s behal...

3. Auckland Standards Committee v Cropper [2017] NZLCDT 6 [pdf, 76 KB]

   ...241(d) of the Lawyers and Conveyancers Act 2016 (“the Act”) that he had been convicted of an offence punishable by imprisonment and the conviction tended to bring his profession into disrepute. [2] Both counsel, in their written submissions filed prior to the hearing, had submitted that a proportionate penalty included suspension of the practitioner for three months. On the face of it this appeared to the Tribunal to be a relatively lenient approach, however was ultimately ad...

4. [2018] NZEnvC 195 Sustainable Otakiri Incorporated v Bay of Plenty Regional Council [pdf, 174 KB]

   ...DOCUMENTS A. The request for access to documents is refused. Otakiri appeals - request for access to documents 2 REASONS [1] Ms Keiller MacDuff, the news editor of Radio Bay of Plenty, has requested access to documents on the Court's file relating to the application by Creswell NZ Ltd to strike out the appeal by Suistainable Otakiri Inc. The application was made on 24 September 2018 in an e-mail to the registrar. Further information was provided on 26 September and 4 Oc...

5. [2019] NZEnvC 068 Mawhinney v Auckland Council [pdf, 1.2 MB]

   ...declarations and for security for costs. Under rule 5.48 of the District Courts Rules 2014 the Environment Court granted2 the application for security of costs, staying the proceedings until Mr Mawhinney paid the sum of $7,000. [3] Mr Mawhinney then filed an appeal under section 358 of the Act against the Council's decision to return two applications for resource consent as incomplete3. The court subsequently considered security for costs for that matter, ordering further securit...

6. 2021-02-15 Minute PC 1 & 8 mediaiton expert conferencing [pdf, 383 KB]

   ...writing, stating reasons, by Monday 1 March 2021. [12] The Regional Council is also directed to respond by Monday 1 March 2021 to the matter addressed in paragraphs [7]-[9] above. When responding, the Regional Council will propose a date for filing a set of amendments (if contemplated) in response to the planning instruments set out above. ______________________________ J E Borthwick Environment Judge Issued: 15 February 2021 ORC – MINUTE PC1 AND PC8 – 15 FEBR...

7. [2021] NZEnvC 068 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 482 KB]

   ...bulk and location around the boundaries and suggesting that there is a "resourcing imbalance" among the parties. The latter assertion I find troubling in light of parts of my analysis following. [6] Submissions in partial opposition were filed on behalf the Council and the plan change requestor Southern Cross 1• The two submissions were to similar effect and based on quite similar reasoning. [7] Those two parties recorded that they did not oppose the summonses for Mr M...

8. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   VLB-Guidelines for Lawyers drafting return applications applicable law GUIDELINES FOR LAWYERS DRAFTING RETURN APPLICATIONS The task of the appointed lawyer is to file the evidence necessary to establish the jurisdictional threshold for the return application. The evidence is provided by way of affidavits and must provide evidence: of the removal. that the removal was not consented to. that the person applying had rights of custody that were breached by the removal....

9. [2022] NZACC 46 – Newcomb v ACC (22 March 2022) [pdf, 215 KB]

   ...2001 provides: A party to an appeal who is dissatisfied with the decision of the District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court. [3] In this case brief written submissions have been filed by the applicant and on behalf of the respondent. The respondent has also forwarded an email dated 18 March 2022 as a submission in reply. [4] At the heart of Mr Newcomb’s application for leave to appeal to the High Court is a d...

10. [2021] NZEmpC 216 VMR v Aviation Security Service (AvSec) division of Civil Aviation Authority [pdf, 204 KB]

    ...It is also well established that admissibility is one thing, but weight is another. [18] The allegations contained in the plaintiffs’ second amended statement of claim, in the memorandum to which I have referred and in the extensive affidavits filed by the plaintiffs, suggest, at this early stage, that they wish the Court to consider an extensive chronology leading up to their respective dismissals, in the context of which each of them chose not to be vaccinated. [19] Some of th...