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1. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...separate sewerage system to be put in place by those occupiers. Apparently this will mean closure of the existing ablution shed which will result in all exiting occupiers being required to obtain their own individual facilities. [7] Rex Carroll then filed an application dated 11 July 2011 making claims for trespass and damages. He says that his nieces and his brother have threatened damages to the communal facilities and continue to trespass over Lot C. The occupiers of Lot C deny...

2. Update to Minister on offenders deported to New Zealand [pdf, 240 KB]

   ...02 04 01 Deportation of offenders to New Zealand after serving a prison sentence overseas Hon Amy Adams, Minister of Justice Deportation of offenders to New Zealand after serving a prison sentence overseas Date 12 February 2015 File reference SCI 02 04 01 Action Sought Timeframe/Deadline Direction on next steps to address the issue of offenders deported to New Zealand after serving a term of imprisonment in overseas jurisdictions. Contacts for telephone...

3. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...direction for publication is an “order in the nature of a penalty that could not have been made against [the licensee] at the time when the conduct occurred” – in terms of s.172(2) to which we refer further below. [6] We note that, somehow, this file was mislaid for a time in our Registry; and we apologise to the parties for the consequential delay. The 10 August 2011 Decision of the Complaints Assessment Committee 10036 [7] The Committee’s decision considered the issue...

4. Kapa - Estates of Te Whakahau Hare and Ruka Paati (2014) 72 Taitokerau MB 54 (72 TTK 54) [pdf, 131 KB]

   ...the benefit of the Taheke community. Following the gazettal of that recommendation, I would then direct a further hui of the beneficiaries to nominate trustees. Further, if Ms Kapa wished to challenge the 1943 decision, then she would need to file a s 45 application to the Chief Judge. Discussion [28] The history of Taheke D has been addressed in considerable detail in the s 40 report. That history and the evidence I have heard clearly demonstrate that Te Whakahau Hare and Ruka P...

5. ENVC Matiatia party corresp WMLFeb15 affidavit P Wardale [pdf, 3 MB]

   ...3. Waiheke Marinas Umited CWML") have made amendments to the application In these proceedings. The amendment was made taking into account evidence that unfolded before the Court regarding traffic and landscape matters. A notice of motion filed by Direction Matiatia Incorporated CDMI") seeks an order that the amendments are out of scope. The speCific focus of DMI's notice of motion is the amendments made to provision for car parking. 4. During the period leading i...

6. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...convictions involved dishonesty, she is prohibited from being licensed under the Act for 10 years from 14 May 2013 by virtue of s.37(1)(a) of the Act. We understand that she let her licence lapse on 8 August 2011. [5] In so far as the defendant has filed an appeal against the Committee’s decision to lay a charge against her, that appeal need not be decided as we have heard the case and find the charge proved. The Charge [6] The charge laid by the Authority against the defendant o...

7. Greenwood v REAA & Leaders Bay Cities Ltd [2012] NZREADT 14 [pdf, 181 KB]

   ...failure by Leaders Bay Cities in the way in which it carried its work for the Greenwoods? (iii) If so was this failure which is sufficiently serious to amount to professional misconduct or unsatisfactory misconduct? [16] Submissions were filed on behalf of the appellants by counsel and on behalf of the second respondent by their solicitor and it was supplemented by submissions from the 5 parties themselves. Mr Bigio for the Greenwoods submitted that the conduct of Lea...

8. Legal aid CPAI categories consultation response [pdf, 288 KB]

   ...already been appointed, a first lawyer representing the client at the second appearance would need to seek an extension of time to enter an election. They stated the first lawyer’s claim should be prepared and cover work up to the point at which the file is in the second lawyer’s possession. 23. NZLS expressed a concern around the proposal to assign a PC-4 equivalent lawyer to a case that is a third strike offence. They noted the potential to slow proceedings in smaller courts...

9. Application for approval to provide legal aid services [pdf, 680 KB]

   ...processes and systems in place to: • Manage client service requirements and expectations • Manage scheduling conflicts • Manage complaints • Manage conflicts of interest • Invoice your time accurately • Maintain accurate client files. MOJ0052.1-June13_ApplicAtion for ApprovAl to provide legAl Aid ServiceS Page 6 / 9 if you are an existing legal aid provider, and there have not been any changes to your Service delivery Systems, except those included in section 1 of...

10. avie v CAC 20002 & Goradia [2014] NZREADT 53 [pdf, 44 KB]

    ...it had deferred making a decision on publication. At that point the licensee was made aware of the possibility of publication. In the later penalty decision, the Committee stated that the Authority would publish the decision after the period for filing an appeal had ended unless an application for an order preventing publication had been made to us as part of the appeal. No application was made. [35] In any event, the licensee has provided no grounds which would have supported an a...