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1. [2018] NZEnvC 135 Bunnings Ltd v Queenstown Lakes District Council [pdf, 3.7 MB]

   ...company: (a) was a trade competitor of Bunnings; (b) did not state in its submission or provide evidence as to how it was directly affected by Bunnings' application ; and (c) was not directly affected by the application. [27] Bunnings filed an appeal of the decision to the Environment Court in Christchurch on 29 March 2018. 7 [28] HJSL gave notice of its wish to become a party to the appeal on 23 April 2018. The notice stated:6 (a) [HJSL] opposed the relief sought by...

2. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...knowledge or consent constituted unsatisfactory conduct pursuant to s 152(2)(b)(i) of the Act, and made the orders mentioned above. [25] Mrs EA was dissatisfied with the outcome, and applied for a review. Application for review [26] Mrs EA filed an application for review on 26 June 2015. The outcome sought is an increase in the amount of compensation to be paid, to the $25,000 maximum available under the Act. Mrs EA’s lawyer’s fees totalled $5,321.20 at the time of her app...

3. Vosper and Vopser Ltd v CAC 402 & Biddle [2016] NZREADT 60 [pdf, 194 KB]

   ...frequently occurs, the agreement for sale and purchase was drawn up by the licensees prior to the involvement of Mr Biddle’s solicitor. It is significant that Mr Biddle’s solicitor drew up the agreement. After the hearing, at our request, counsel filed submissions as to the effect on a licensee’s liability (in a professional disciplinary sense) of involvement by a solicitor in the preparation of an agreement for sale and purchase. Counsel were not able to refer us to a deci...

4. LCRO 174/2014 VS v DH [pdf, 260 KB]

   ...terms of the will”. 6 [18] In conclusion, the Committee noted that Mr DH subsequently received Mrs CN’s instructions “to transfer shares in the titles …” to Mr K, Mr M and Mrs EL, which he did.7 Application for review [19] Mrs VS filed an application for review on 31 July 2014. She is concerned that beneficiaries who find themselves in circumstances similar to those experienced by Mr K, Mr M and Mrs EL are not legally protected, and could be “excluded from their l...

5. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

   ...issue the attached. We ask you destroy the earlier. …” [40] The Committee then issued a version of its determination with anonymised details of the Lawyers Standards Committees’ determinations. [41] The copy of the Standards Committee file provided to this Office did not include copies of the two determinations referred to. This Office was eventually able to obtain redacted versions from the Lawyers Complaints Service. When forwarding these, the Lawyers Complaints Servi...

6. Horticulture New Zealand [pdf, 706 KB]

   ...consequential amendments or other amendments as are considered appropriate and necessary to address the appeal points. WAIVERS 11. In accordance with the Environment Court decision1 on waivers sought by Council, this Notice of Appeal has been filed with the Court and served on Council electronically. 12. It is understood that service on submitters will be affected by Council, and there is no requirement to attach the Appellant’s submission, further submission, the Council de...

7. Proactive release - Restoration and modernisation of Ministry of Justice properties [pdf, 18 MB]

   ...to 2018. The Dunedin courthouse, which reopened in early 2018, also received new funding to remediate seismic issues. 1 Law Commission, Report 136: The Justice Response to Victims of Sexual Violence, December 2015, www.lawcom.govt.nz/sites/default/files/projectAvailableFormats/NZLC-R136-The-Justice-Response-to- Victims-of-Sexual-Violence.pdf. RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E 4 24. All other maintenance and improvements have been funded from baseline and have i...

8. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...order made under section 51(f) of the Act is recoverable as a debt due to the Crown under section 51(5) of the Act. It does not survive bankruptcy. An order in favour of a complainant or other person is simply a civil judgment debt, and the party can file it in the District Court for enforcement. A civil judgment debt is provable in a bankruptcy, and discharged with the bankruptcy. [55] It follows that of the financial orders the Tribunal could make in the present case: [55.1] Ms Khetar...

9. LCRO 141/2013 TM v DC (7 June 2017) [pdf, 220 KB]

   ...(d) Expression of outrage Mr TM expressed outrage that Mr DC took until 14 January 2013 to resign as a trustee of his family trust. This issue was not pursued before the Standards Committee or on review. There is no copy of the trust deed on file. It is likely, however, that the settlor of the trust (presumably Mr TM) would have had the power to terminate and appoint trustees and was able to exercise the power at any time to terminate Mr DC’s appointment. It is likely it was...

10. Boyce and Bates v The Real Estate Agents Authority [2017] NZREADT 40 [pdf, 151 KB]

    ...of this decision. [58] The order for censure in respect of each of the appellants remains. [59] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, 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...