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1. [2018] NZEnvC 241 Albert Road Investments Limited v Auckland Council [pdf, 3.8 MB]

   ...In particular, it points out that Ms O'Connor's evidence-in-chief consistently treated the consent notice and the DA as dual mechanisms to address concerns arising under the AUP. 28 [27J AC says" that it was not until Albert Road filed its written closing submissions that it sought to reduce its reliance on the DA, by seeking to downplay it as "somewhat of a red herring".30 AC points out that this was subsequent to the court having noted those issues during...

2. Family Court Rewrite Submission - Resolution Institute [pdf, 685 KB]

   ...Law System Discussion Paper October 2018 notes that in Australia “Patterns of service use have changed significantly since the introduction of stronger legislative support for family dispute resolution (FDR) in children’s matters in 2006. Court filings in children matters dropped by 25% and the use of FDR increased significantly.”2 A significant study into the impact of the European Union Mediation Directive in 2014 found that “A thorough comparative analysis of the legal fr...

3. [2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 296 KB]

   ...1 Smiths City (Southern) Ltd v Claxton [2019] NZERA 647 (Member van Keulen). [12] The grounds of this application were that: (a) the plaintiff was placed in receivership on 22 May 2020; (b) on 29 July 2020 the receivers filed their first report on the state of the affairs of the company, pursuant to s 23 of the Receiverships Act 1993; and (c) in the first report they identified that the plaintiff’s debts exceeded its assets and negotiations were contempla...

4. [2021] NZREADT 12 - Walker v The Real Estate Agents Authority & Hickson (26 March 2021) [pdf, 276 KB]

   ...THE REAL ESTATE AGENTS AUTHORITY (CAC 1907) First Respondent AND BENJAMIN HICKSON Second Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms F Mathieson, Member Submissions filed by: Ms Walker, Appellant Mr J Herring, on behalf of the Authority Mr J Tian, on behalf of Mr Hickson Date of Decision: 26 March 2021 ____________________________________________________________________ DECISION OF THE T...

5. 2021-03-15 D-G of Conservation opening subs [pdf, 246 KB]

   ...shall, as such holder,— (h) Record in such manner, and furnish to the Board [consent authority], such information in respect of the exercise of the privilege as the Board [consent authority] may from time to time require. 26. The Council has filed in the Court examples of deemed permits in its Memorandum of 1 March 202125 (ORC Memorandum of 1.03.21) responding to the Court’s minute of 19 February 2021. The example deemed permits annexed to ORC’s Memorandum of 1.03.21 include...

6. Guide to completing Disputes Tribunal claim form - Tongan [pdf, 221 KB]

   Ko hono ngāueʻaki ʻo e fakahinohinó ni ʻE ʻoatu ʻe he fakahinohinó ni kiate koe ʻa e fakamatala ʻe tokoni atu ki hono fakafonu ʻo e foomu tohi kolé pehē ki hono ʻoatu ʻo e ngaahi ʻuhinga mahuʻinga ʻoku fiemaʻu ai ʻa e fakamatalá ni. ʻOku lahi ʻa e ngaahi ʻuhinga kehekehe ʻoku fiemaʻu ai ʻa e fakamatala ʻoku kole atu ʻi he foomu tohi kolé. ʻI hono ʻomai kotoa ʻa e ngaahi fakamatalá ʻe fakapapauʻi ai ʻe hoko atu ʻa e ngāue ki hoʻo tohi

7. [2019] NZREADT 42 - He v CAC 403 (9 October 2019) [pdf, 439 KB]

   ...in addition to pay $2000 by way of penalty. [75] 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. ___________________ Mr J Doogue Deputy Chairp...

8. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...issued on 13 May 2019 the Tribunal allowed the appeal, and found that Mr O’Loughlin had engaged in unsatisfactory conduct.1 [2] Following the finding of unsatisfactory conduct, the Tribunal has received submissions as to penalty. The submissions filed by Mr and Mrs McNicholl are also on behalf of Mr Cleaver, and Ms Fraser and Mr Lennon. Facts [3] Mr O’Loughlin was the listing agent for the sale of apartments in a multi-level apartment complex in central Christchurch. The a...

9. 2020-09-18-EPA-PC1-PC8-Summary-of-Submissions-Report-UPDATED.pdf [pdf, 685 KB]

   ...Hazeldean Business Park, 6 Hazeldean Road, Addington, Christchurch 8024 PO Box 13-052, Armagh, Christchurch 8141 TEL +64 3 366 7449, FAX +64 3 366 7780 REVISION SCHEDULE Rev No. Date Description Signature or Typed Name (documentation on file) Prepared by Checked by Reviewed by Approved by 1 14/9/20 Draft for client AS/SS/FL JD JD FL 2 16/9/20 Final AS/SS/FL JD JD FL 3 23/9/20 Updated final FL FL Stantec │ Plan Change 8 -...

10. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

    ...negated. He also referred to his submission to the Committee in relation to penalty, in which he advised that, had she been asked, Ms Daji would have provided evidence of her compliance with r 9.10. [39] We record that Mr Marshall did not wish to file submissions in relation to the appeal, beyond the evidence provided to the Committee. Application to adduce further evidence [40] On 20 May 2020, Ms Daji affirmed in an affidavit that she was not aware that the issue of compliance w...