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1. Amended affirmation of Mr Gary Taylor 2 December 2016 [pdf, 1.5 MB]

   ...years and are genuinely trying to find equitable and durable solutions. 11. It seems to me that there are signs of a rush to gain approvals to transition to new land uses prior to Plan Change 13 being determined. 12. We are working through the appeal process in the normal way. But meanwhile I consider that the situation has reached a tipping point at which some extraordinary intervention is necessary, at least in the interim. It seems futile to be litigating on a plan change whi...

2. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...Acts) is beyond the jurisdiction of this Office. Neither the Standards Committee or this Office can undertake to do this. [59] The decision as to what constitutes the best forum in which to examine matters was commented on by the Court of Appeal in Orlov v New Zealand Law Society where the Court held that there was no threshold test to meet before matters could be referred to the Tribunal.16 The Court also held:17 … a decision [to lay charges] does not determine the outcome...

3. LCRO 68/2019 NI v RC and OD (28 February 2020) [pdf, 175 KB]

   ...considered however. … 8 At [59]. 9 Which was received the day before the Standards Committee meeting. 6 [27] In making this comment, the Committee is echoing comments made by the Court of Appeal in R v Nakhla (No 2) [1974] 1 NZLR 453 where the Court said: … As to the complaints in the motion that the Court did not deal with certain submissions and attributed to counsel a submission he did not make it may be observed that a bel...

4. [2020] NZREADT 21 - Hanford (12 May 2020) [pdf, 181 KB]

   ...decisions as providing some assistance in assessing the seriousness of Mr Hanford’s conduct, and the appropriate penalty. [20] In its substantive decision in Miller v The Real Estate Agents Authority (CAC 20003),5 the Tribunal considered an appeal brought by Mr Miller against the decision of a Complaints Assessment Committee to take no further action on his complaint against a fellow licensee (Mr Robinson). A purchaser had been introduced to a property by Mr Robinson while he w...

5. Graeme James Lawrence - Evidence in Chief - Supplementary [pdf, 1.1 MB]

   BEFORE THE ENVIRONMENT COURT Auckland Registry ENV 2015 AKL 0000134 ) IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an appeal under Clause 14 of the First Schedule of the Act TRUSTEES OF MOTITI ROHE MOANA TRUST Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST 31 1h October 2017 738 739 INTRODUCTION 1. My name is Graeme James Lawre...

6. Proactive release – Sexual Violence Legislation Bill: approval for introduction [pdf, 1 MB]

   ...complainant is required to give even more evidence afterward; and 14.5. judges’ decisions about whether pre-recorded cross-examination is to be used, and whether any further cross-examination may occur after the recording has been made, can be appealed before the trial with the appeal court’s leave. This will help ensure consistency and bolster confidence in the new processes, especially in the early stages of implementation. Requiring evidence to be recorded 15. The Bill requir...

7. Friends of Lake Hayes Society Inc - Lay evidence presented by Richard Bowman and Mike Hanff - 22 February 2022 [pdf, 1.6 MB]

   ...Urban Issues – Sedimentation at the hearing scheduled for 21 March 2022. Dated this 22nd day of February 2022 __________________________ Richard Bowman Secretary Frends of Lake Hayes Society Inc. Otago Region Water Plan Appeals - PC 8 Sedimentation Evidence presented by Friends of Lake Hayes Society Inc. for the Hearing scheduled for 21 March 2022 1. Summary Friends of Lake Hayes Society Inc. wishes to support proposed changes to the Otago Region Water...

8. [2022] NZEmpC 87 H v Employment Relations Authority [pdf, 264 KB]

   ...Act 2000, ss 149(1)–(2). Settlement agreements endorsed by a mediator under s 149 are commonly called records of settlement. 6 Contract and Commercial Law Act 2017, ss 36–42. agreement before the Authority or Court whether by action, appeal, application for review or otherwise.7 [7] A common feature of settlement agreements arising from mediation is the inclusion of what is known as a non-disparagement clause. One was included in the agreement signed by H. It read:...

9. [2021] NZREADT 32 - Tapu ( 22 June 2021) [pdf, 266 KB]

   ...the Act. Discussion Did Ms Tapu breach r 6.4? [44] Licensees are in breach of r 6.4 if they (as relevant to the present case) “withhold information that should … in fairness be provided to a customer or client”. In her judgment on an appeal from a Tribunal decision in Barfoot & Thompson v Real Estate Agents Authority (Complaints Assessment Committee 20007) her Honour Justice Thomas held that:2 … An evaluation of what “should by … fairness” be provided to a cli...

10. Subritzky v McLauglin - Subritzky Whanau Trust [2021] Chief Judges MB 849 (2021 CJ 849) [pdf, 486 KB]

    ...45 applications must be accompanied by proof of the flaw or error identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [16] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:14 The first is the evaluative decision as to whether the order made was erroneous in fact and law because of any mistake or omission on the part of the Court or t...