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1. 2018 NZSSAA 010 (5 February 2018) [pdf, 121 KB]

   ...can be distinguished from the appellant’s situation because, unlike the appellant who has no home overseas, Mrs Greenfield had a home in Singapore and was resident there for tax purposes. [14] The appellant gave evidence at the hearing and filed an affidavit sworn 14 March 2017. He considered ‘this was his time to become a nomad’; his perception is that he is having a 10 year overseas holiday. He states that he visits family for about two weeks a year, staying with each...

2. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...portion of the proposed Northland Regional Pest and Marine Pathway Management Plan relates to Kauri Dieback, a major issue in the northern North Island at the present time. [2] The parties worked cooperatively in respect of the application, and filed a joint memorandum indicating that agreement had been reached on the provisions. [3] Given there is a requirement under the Biosecurity Act to hold a public hearing, and the importance of this issue, the Court scrutinised the documentat...

3. Combined jurisdiction legal aid form submissions and decisions [pdf, 984 KB]

   ...It was queried whether the notice of appeal is still required. Legal aid policy no longer requires a copy of the notice of appeal before aid can be granted, and it is possible for aid to be granted before a notice of appeal is filed. AVL clause The wording of the AVL clause for duty lawyers could be improved. We agreed. We have included further wording and a tick box so that a duty lawyer can indicate if they are signing on behalf of the applicant....

4. White v Franks - Te Komiti 1A1 Ahu Whenua Trust (2018) 167 Taitokerau MB 292 (167 TTK 292) [pdf, 293 KB]

   ...Association, there is no obligation to do so. The trustees are free to use alternative lease terms if they wish. 4 17 Taitokerau MB 1-6 (17 TTK 1-6). 167 Taitokerau MB 300 [36] Ms White did not file a copy of the template document from the Federated Farmers Association to allow a comparison of both documents. She alleges the one-page lease agreement does not include important provisions contained in the template, however,...

5. 2017 NZSSAA 056 (9 October 2017) [pdf, 122 KB]

   ...Superannuation. However, that is not a true characterisation. Rather than being retrospective, the issue is whether a person currently qualifies for New Zealand Superannuation. It does not affect past entitlements, which would be a true retrospective file:///C:/act/public/1964/0136/260.0/link.aspx%3fid=DLM363974%23DLM363974 9 effect. Current entitlement may be defined differently from time to time, without the legislation being retrospective; it is neither more nor less than...

6. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...working days of the date of this decision. [40] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ____________________ Hon P J Andrews Chairperson...

7. E68 Colin Williams - Navigation Safety - EIC - Sanford Ltd [pdf, 821 KB]

   ...fleet may need to remain in their existing berthage areas. This creates the potential for effects in terms of conflicts with construction activities, structures and event activities proposed by Panuku. Neither the application nor the evidence filed by Panuku to date, addresses this possibility. Sanford and AFPL consider that this situation should be provided for through new and amended conditions. (c) At conclusion of events, there is the potential that new activities may wis...

8. E45 Glen Wright - Lighting - EIC - Council [pdf, 764 KB]

   ...CP24134 AUCKLAND 1697 2 1. INTRODUCTION 1.1 My full name is Glen Andrew Wright. 1.2 My evidence is given on behalf of the Auckland Council (the Council) in its regulatory capacity in relation to the direct referral application filed by Panuku Development Auckland Limited (Applicant) seeking resource consents for the construction, occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area a...

9. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is made out the application for an enforcement order is declined. [47] I have considered the question of costs. I note Ms Thornton's advice that Ms Taueki is not able to meet any costs award of substance and that the Registrar waived the filing fee in this case. My usual observation in that situation is that the time to have regard to those considerations is at the commencement of proceedings, not at their conclusion. If costs are not awarded they are borne by the ratepayers of...

10. Complaints Assessment Committee 416 v Singh [2018] NZREADT 34 [pdf, 196 KB]

    ...agency did not exist. 9 Mr Singh’s conduct as particularised above constitutes seriously incompetent or seriously negligent real estate agency work. Further evidence [7] The Tribunal has received a signed statement by Mr Singh, which was filed in the Tribunal with his response to the charge. Mr Singh explained the circumstances of the transaction with Mr Kodoor. The Tribunal has also received a statement by Mr Kodoor (originally provided to the Authority in the course...