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...8 See for example, ALA v ITE, above n 2, at [177] – [180]. confirm now: the names of the parties and of any information leading to either party’s identification are prohibited. I also order that the file relating to this proceeding may not be searched without the consent of a Judge. [30] For the avoidance of doubt, I have not today considered the issue of sanctions. The application for those will need to be considered on a later date.
...filing the correct consent forms within one month. They were also directed to hold a trustee meeting before the end of year to elect office holders and attend to any other trust business deemed necessary. The minutes of that meeting were to be filed with the Court within one month of that meeting. Consent forms have now been received from Frank Leo Hicks Te Waaka, Moana Awatea Rakaupai and Waimata Patricia Mehana, and so their appointments can be confirmed. The applicant Adrienn...
...preliminary way without the benefit of substantive responses from the trustees. It should therefore be read in the context of those limitations while providing directions on the future conduct of the proceedings. Procedural history [6] Mr Taueki filed his application on 12 June 2018. The following day I directed that the affected parties provide a response. The trust chairperson, Mathew Sword, responded: Tatana Contracting Limited, and Horowhenua Security, are invitees of the...
...chairperson of the Lake Horowhenua Trust, whose actions Mr Rudd challenged; and (c) Other persons then active within the Muaūpoko Tribal Authority were also trustees of the Lake Horowhenua Trust. [3] Shortly after releasing that decision, Mr Taueki filed an appeal on 20 April 2018 seeking to challenge Judge Doogan’s decision of 19 May 2016. [4] In the judgment that follows, we first set out the background. We then address the fact that Mr Taueki filed his appeal out of time. F...
...alex@punachambers.co.nz mailto:cara@langleytwigg.co.nz mailto:alex@punachambers.co.nz 73 Tākitimu MB 89 Introduction [1] This decision considers preliminary issues of discovery and access to trust information and records, in relation to the application filed by James Hutcheson for removal of the trustees of Mangamaire B2 Trust. [2] Following the filing of the application, the Court engaged accountant John Francois to conduct an audit of the financial information and to investi...
...backlog of cases that had been increasing over a number of years. The backlog has been steadily reducing and whilst there is still considerable work to be done to ensure that cases can be heard within a reasonable time of the applications being filed, Review Officers are able to look forward with confidence to achieving the objective of fulfilling their statutory obligation to ensure that all review applications are dealt with expeditiously. It was anticipated that the passage o...
...Court's decision of 6 September 20173 and this Court's decision of 17 August 2016,4 which granted certain waivers and directions, including a waiver of the normal requirement to serve all submitters with a copy of any notice of appeal filed with the Environment Court. [7] It is on this basis that SPAN made its appeal. The appeal sought to restore the non-complying status in the Waitakere Ranges Heritage Area which had been made prohibited by the High Court's decision....
...definition in the Civil Defence Emergency Management Act, and outlining Registry hours and Court holidays; 7.2. making minor updates to previously implemented Rules (the Court of Appeal (Civil) Amendment Rules 2021) which cater for documents to be filed electronically, such as by clarifying how many paper copies of documents must be provided to the Court in addition to an electronic copy; 7.3. setting out the Court’s powers to strike out or stay an application for leave to app...
...September 2022), Registrar’s bundle at 61. 5 Mr Sun does not distinguish the two Heytour companies. 6 Email Mr Sun to Authority (20 September 2022), Registrar’s bundle at 61. 5 [20] In a further email that day, Mr Sun said the client files previously provided were all from Heytour as they were cooperative. But they could not find the communication record. [21] The Authority formally wrote to Mr Sun on 28 September 2022 setting out details of the complaint and inviting hi...
...and K H Rogers for Auckland Council Date of Decision: 23 September 2022 Date of Issue: 23 September 2022 DECISION OF THE ENVIRONMENT COURT A: Costs are to lie where they fall. 2 REASONS Introduction [1] On 5 July 2021 Ms Greensmith filed an appeal against an Abatement Notice issued by Auckland Council (the Council) on 22 June 2021. The Abatement Notice1 required that she cease the following: Construction of a boundary fence between 38 Paturoa Road, Titirangi, Auckland a...