Search Results

1. [2021] NZEnvC 041 Reid v Bay of Plenty Regional Council [pdf, 678 KB]

   ...counsel. Mr Goldstone and Mr Clare spent time at the meeting e:irplaining the measures that it currently undertook on site to manage dust in accordance witl1 best practice and Harbour Ridge's resource consent conditions, and as set out in the affidavits subsequently filed in support of tl1e second respondent's opposition to tl1e application. [42] Harbour Ridge submitted that the information provided to Mr Reid at this meeting should have assisted J\1r Reid in understanding...

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

   ...Khetarpal compensate Mr Malcolm, but left the level of other sanctions to the Tribunal. Ms Khetarpal’s response to this complaint [8] Ms Khetarpal through her counsel provided submissions 1 , and supporting materials. The material included an affidavit from Ms Khetarpal. The key contentions were: [8.1] Ms Khetarpal had no control over funds in her practice, and that is a mitigating factor. [8.2] She did not personally receive any client funds, so the Tribunal should not require her...

3. E v D [2019] NZIACDT 2 (30 January 2019) [pdf, 185 KB]

   ...complaint could not either be dismissed or upheld with no further action, Mr D would be given an opportunity to provide further medical evidence. This approach was not opposed by Ms Carr or Ms D. [76] Ms E was invited by the Tribunal to file affidavits and present submissions addressing certain issues set out in the Minute. In particular, she was requested to provide an evidential basis establishing that Mr D had instructions to evaluate the lodge business, or should have sought...

4. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...and determine the claim against them on the basis of available information pursuant to s 75 of the Act. [43] Jennifer Vaughan denied that C. T. Vaughan (2003) Limited (CTV Ltd) was involved with the construction. Ms Vaughan stated in her affidavit sworn on 14 August 2009 that CTV Ltd had no 4 Para 12 of Council subm...

5. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...upholding the complaint, it is contended that she was behind all the work undertaken by the unlicensed staff. According to Mr Logan, Ms Elizabeth vetted and advised on the content of all communications sent to the complainant. [47] There is no affidavit or statement from Ms Elizabeth in support of this contention. The email from the former staff member is brief and somewhat general. It is more about general practice within the company, rather than setting out the details of Ms...

6. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...to convert to self-employment as soon as possible, which he did not want. The complainant sent supporting documents with his reply. [54] There is a memorandum from Mr Moses, counsel for Ms Coetzee, dated 9 May 2018. In support, there is an affidavit from Ms Coetzee, sworn on 1 May 2018. She admits wrongly advising the complainant that he could work as an independent contractor and obtain residence in due course. At the request of the Tribunal, Mr Moses made further submissions...

7. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

   ...Welling­ ton Tenths claim, which dates back to the New Zealand Company's dealings in Wellington last century, as well as outlining the site's recent history under the manage­ ment of Government Property Services. The Tribunal also received affidavits from lington City Council's heritage list of Maori sites. The claimants maintained that people living in the proposed development would have had an invasive view onto the marae, which hosts many tangihanga, as well as be...

8. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...within 14 days of the date of this Minute. Any response by or on behalf of Mr Grewal is to be sent to the Tribunal and copied to the Committee (by counsel, Mr Mortimer). [c] If no response is received from Mr Grewal, the Committee is to file affidavit evidence in support of the charges, together with an indexed and paginated indexed bundle of relevant documents, no later than 25 October 2019. [d] A hearing is to be scheduled in the week beginning 18 November 2019, in Aucklan...

9. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

   ...stabilized, as they do. P 27. I cannot support a diagnosis of central sensitization disorder in the absence of radiculopathy with a normal examination by Mr Mills. Mr Baanders’ submissions [30] At the appeal hearing Mr Baanders referred to his affidavit of 9 May 2021 along with the exhibits marked A to K. I have considered all of those documents. Mr Baanders explained how he fell from the ladder and tumbled back onto a protrusion sticking out from a wall which caused immense...

10. LCRO 78/2020 NS v GL (29 June 2021) [pdf, 182 KB]

    ...decision that he would seek to have the Temporary Protection order set aside, that he would oppose the direction requiring him to attend anger management counselling (which he was adamant he did not need) and that he would oppose final orders being made. Affidavits and a notice of opposition were accordingly drafted and filed. [45] It is significant that the “detailed and appropriate advice” was provided after the temporary protection order had been obtained leading to the extensi...