Search Results

1. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...I then directed that hearings would occur: (a) in October 2017 for a substantive hearing for Mr Churton to give evidence on his claims of ownership; (b) in November 2017 for Professor Boast QC to present his report and reflect on any evidence filed by interested parties; and (c) in December 2017 for closing submissions. [5] Dr Gilling filed a memorandum on 25 August 2017 responding to concerns raised by Mr Churton. In addition, counsel invited me to consider those elements of “...

2. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...OF JUDGE K G SMITH (Application to strike out part of the proceeding) [1] On 30 October 2018 Air New Zealand Ltd applied to strike out two of the remaining five causes of action pleaded against it by Georgina Rachelle. [2] Ms Rachelle filed a fifth amended statement of claim, dated 18 June 2018, alleging eight causes of action against Air NZ. Those causes of action were: (a) workplace discrimination; (b) harassment and bullying within the workplace; (c) [breach...

3. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [pdf, 220 KB]

   ...payment of a nominal contribution of $3,000 towards the costs and expenses of the investigation and hearing. 4 [11] It is contended that the investigation was lengthy and complex since it involved a considerable number of applications and client files. As the Authority does not record time, the Registrar had been unable to compile a schedule of costs and expenses with any particularity. [12] Counsel for Mr De’Ath, Mr Moses, submits that Mr De’Ath has shown a significant...

4. Family Court Rewrite Submission - Paul von Dadelszen QSO [pdf, 268 KB]

   ...Q2: There should be automatic (computerised) sharing of information between the District Court and the Family Court. In addition, it should be a statutory requirement for the police to provide (electronically) the Family Court with copies of their files on those occasions when there is a family violence call out and the alleged perpetrator and victim have the joint or single responsibility for the care of a child. 8. Q3: The presiding judge 1 should be mandated to exercise his/her...

5. [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...

6. 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...

7. 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’...

8. [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)...

9. [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...

10. 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...