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  1. [2019] NZEnvC 089 Schwartfeger v Northland Regional Council [pdf, 5 MB]

    ...until neither Mr or Mrs Schwartfeger no longer owned the property, whichever was sooner. The remission did not apply to any new owner of the consent. This was the 'straw that broke the camel's back' and resulted in the Applicants filing for declarations from the Court. [7] Since then, by submission to the Court (April 2019) and at hearing Mr Conway for the Council confirmed that the Council now remitted all past and future charges in respect of the retention structure...

  2. LCRO 196/2019 FL v ND (8 June 2020) [pdf, 123 KB]

    ...services and, pursuant to s 138(1)(f) of the Act, that a Standards Committee was not the correct forum to determine whether Mr ND had committed an offence by posting material in breach of a suppression order. Application for review [12] Mr FL filed an application for review on 23 December 2019. [13] He submits that: (a) The Committee had failed to conduct interviews. (b) The Committee’s decision records that Mr ND was not acting as counsel, when that clearly was not the ca...

  3. Hemana - Rotopounamu 1B3A2C (2019) 77 Tākitimu MB 220 (77 TKT 220) [pdf, 380 KB]

    ...relevant owner. ▪ The Trustee to retain confidentiality of responses and report to the Court on the outcome of the process. [9] Finally, Mr Hemana underscored that time was of the essence. Tania Huata-Kupa’s submissions [10] Mrs Huata-Kupa filed a submission refuting the claims made by Mr Hemana. She alleged that he had not kept herself or her fellow advisor trustees properly informed. She also claimed that the project had been compromised from the outset by Mr Hemana’...

  4. [2019] NZREADT 41 - Ogilvie v CAC 1901 & Abel (8 October 2019) [pdf, 260 KB]

    ...week after it issued its decision on 1 May. Having listened to the recording, all members of the Committee agreed that nothing in it caused them to change their decision as to the complaint. [15] Mr Mortimer also advised the Tribunal that file notes were made of the facilitator’s communications with Ms Domney, Ms Meo, and Ms Abel’s manager (Mr Holland). However, these were not provided to the Committee. Approach to appeals against decisions not to inquire under s 79(2)...

  5. [2019] NZEnvC 072 Wilson v Canterbury Regional Council [pdf, 2.5 MB]

    ...issue 3 be processed; extension of date of compliance for third notice declined; appeal against third notice and application for stay lodged with the court. [4] Before I consider the application for stay, I address briefly the apparent late filing of the appeal. [5] The (third) abatement notice was served on the appellant on 28 February 2019 and the appeal was filed on 5 April 2019 so at first sight it is out of time for the reasons which follow. [6] The appeal is made in...

  6. Eru v Skipper - Awanui Haparapara (2019) 211 Waiariki MB 103 (211 WAR 103) [pdf, 290 KB]

    ...no longer existed.1 [8] Fiona has since been paid the insurance for the house and is now looking to build a house in the same area where her father’s house once stood. Ko te hātepe ture o tono nei - Procedural History [9] Fiona and Kevin filed their application for a partial termination on 2 June 2017. The matter initially came before the Court on 13 March 2018, with two of the three trustees present.2 The Court heard submissions from Walter Rika, on behalf of the applicants...

  7. Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [pdf, 250 KB]

    ...outstanding legal fees owed by the client, despite knowing the matters set out in (a) above. (d) Refusing to repay the payment following a demand by the former employers. 3 [4] The respondent denied the charge. [5] The respondent by his counsel filed an application to strike out the charge on the ground that the evidence relied upon by the applicant was so deficient as not to disclose the commission of a disciplinary offence. [6] The Tribunal heard argument on the applicat...

  8. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [pdf, 119 KB]

    ...the adviser’s unlawful delegation of control of the visa application and management of the client relationship to the staff of IPS/BNAC. [8] Mr Cleland had been disciplined in respect of 12 Filipino clients, with the applications having been filed with Immigration New Zealand in September and October 2016. The complaint against Ms Penty concerned 11 Filipino clients for whom she had acted between about March 2017 and August 2018. [9] The standard arrangement saw IPS/BNAC source...

  9. Canterbury Westland Standards Committee 1 v Whitcombe [2019] NZLCDT 37 [pdf, 152 KB]

    ...L C, following a subdivision of the property by Mr R S. [10] An agreement was prepared by the practitioner and signed by the parties in August 2010 on the basis that he was acting for both vendor and purchaser. There was nothing written on the file that recorded terms of engagement or a client care commitment to either. Mr Whitcombe accepted:2 “(a) That he did not either obtain the informed consent or any waiver from either client to act in respect to the transaction;...

  10. Angell - Part Nukuroa 2A3C2 and Lot 2 DP37299 (2019) 198 Taitokerau MB 231 (198 TTK 231) [pdf, 447 KB]

    ...25433, Wellington cameron@bennion.co.nz mailto:cameron@bennion.co.nz 198 Taitokerau MB 232 Introduction [1] Part Nukuroa 2A3C2 and Lot 2 DP 37299 are adjoining blocks of Māori freehold land located in Oruawharo. Three applications have been filed seeking a combined partition of the applicants’ interests in these blocks. The issue in this case is whether the combined partitions should be granted. Background [2] Part Nukuroa 2A3C2 (“Nukuroa”) is 62.615 hectares i...