Search Results

1. ENV-2016-AKL-270,275 Tram Lease Ltd & Dilworth Trust Board v NZ Transport Agency [pdf, 4.5 MB]

   ...authority, accepted the recommendation of the Independent Hearing Panel that the Designation be included in the PAUP. This recommendation was accepted by the Transport Agency. [3] In response to the Transport Agency's Decision, these appeals were filed, seeking that part of the Transport Agency's Decision be cancelled, and that the Designation be modified on the terms set out in the appeals. [4] The parties have agreed that the appeals can be resolved by amending the d...

2. Hancock - Horowhenua A5F2B and A5F2C (2018) 385 Aotea 296 (385 AOT 296) [pdf, 297 KB]

   ...representing 67.04% of total shares have expressed support for the partition. Two of the trustees, Henry Williams and Jean Brownie, appeared in court in support of the application. Hera Ferris, the third trustee, confirmed support by way of email filed with the Court. [14] Ms Hancock also submitted emails in support from Aroha Holt, Michael Greenland, Dennis Greenland and Jillian Munro, all of whom are owners in the land. [15] I am satisfied that having regard to the nature and imp...

3. WB v Stevenson LCRO 301/2013 (11 December 2014) [pdf, 112 KB]

   ...settlement statement for the transaction dated 28 October 2011 recorded the various agreed payments (including for example $5000 in cash to each of Mr and Ms VA). The statement noted that the remaining balance of $65,388.30 was “funds to matrimonial file to hold”. This therefore appears to be a clear acknowledgement that other than the payments in that statement the balance was to be held undisbursed by Ms Stevenson. There can be no basis for any belief that there was agreeme...

4. CU v XG [2015] NZDT 782 (28 May 2015) [pdf, 106 KB]

   ...failing to disclose that piles were in need of repair. However, it declined to award any compensation on the basis that CU decided to proceed only once she had full knowledge of the problem. [5] Rather than appeal the decision to the High Court, CU filed a new claim in the Disputes Tribunal for compensation. This required the matter to be heard again. Given the costs both parties had incurred to that point, XG was concerned at the prospect of having to re-litigate matters she con...

5. E55 Heather Kirkham - EIC - the Crown [pdf, 827 KB]

   ...Freemans Bay necessary to host the 36th America's Cup ("AC36 or Cup") and to hold AC36 and successive America's Cup events to 2028 ("Application"). 1.2 The Crown made a submission in support of the Application and filed a notice to join these proceedings as an interested party. 1.3 I am familiar with the Application and am authorised to give this evidence on behalf of the Crown. Qualifications 1.4 My full name is Heather May Kirkham. 1.5 I hav...

6. E83 Marian Smith and Josephine Peita - EIC - Ngaati Te Ata [pdf, 1.1 MB]

   ...Ngaati Te Ata Claims Support Whaanau (“Ngaati Te Ata”). 6. It is important to note that we are not providing evidence on behalf of any other iwi, hapuu or group. 7. We provide this evidence in opposition to the resource consent application filed by Eke Panuku Development Limited (“Eke Panuku”), dated 13 April 2018 (“the Application”). 8. The main purpose of this evidence is to provide the Court with an understanding of the Ngaati Te Ata cultural values as they rela...

7. Faleauto v DE LCRO 99/2015 (29 November 2016) [pdf, 101 KB]

   ...contended that:1 Publication should be reserved for dishonesty, and intentional, or negligent series of offending. Also for serious records of offending. Publication of name will not assist here as it was due to mistake and unfortunate loss of the file and shifting of office. They were one off errors under unique unrepeatable circumstances and not ones I will ever repeat. [13] Mr DE has not participated in this review process. Nature and Scope of Review [14] The nature and scope...

8. [2017] NZSAAA 05 (18 October 2017) [pdf, 207 KB]

   ...This compensation was paid out in a small number of 2 instalments between October and December 2015. (The precise number of payments made is unclear from the papers – the Ministry says 12, the Secretary could only identify 6 from the file.) [5] On becoming aware of his receipt of this compensation, StudyLink moved to reassess the appellant’s allowance entitlement over the period in question. Unfortunately for him, calculated on a weekly basis the compensation payments w...

9. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...Crofts SUSSAN MURPHY Applicant 2011 Chief Judge's MB 254-266 dated 28 July 2012 (Heard at Christchurch) 24 January 2013 RESERVED DECISION OF CHIEF JUDGE W W ISAAC 2013 Chief Judge's MB 49 Introduction [1] This application filed by Sussan Murphy pursuant to section 45 of Te Ture Whenua Maori Act 1993 seeks to amend a vesting order dated 14 September 1992 at 75 South Island MB 143-144 between Lizzie Turner Tau also known as Lizzie Turner Crofts or Elizabeth Timua...

10. Kozlov v The Real Estate Agents Authority (CAC 416) and Hall & Lindsay [2018] NZREADT 38 [pdf, 241 KB]

    ...Prior to settlement we were, [at] your request, pressing for matters which you identified as requiring correction to be completed and expected that relevant tradesmen would enter the property for that purpose at that time. I have no record on my file of any conversations with any person post- settlement about continued remediation or access to property for that purpose. I have no clear recollection of conversations at the time as it was nearly a year ago. [23] Mr Kozlov submitted...