Search Results

1. Green v New Zealand Police (Jurisdiction) [2019] NZHRRT 15 [pdf, 193 KB]

   ...(Strike-Out Application) [2018] NZHRRT 13. Unlike the plaintiffs in those cases, there is no attempt here to “leapfrog” 6 the OPC by trying to get around the statutory scheme in which a claim is first investigated by the Commission before an appeal is heard by the Tribunal. [30] The plaintiff also argues that under PA, s 83 the Tribunal has jurisdiction if the OPC has concluded that the complaint does not have substance. Her position is that it must be assumed that the OPC...

2. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...lawn. [5] The unconsented facilities and activities were the subject of a retrospective resource consent application by the Appellants in April 2017. Examination of the Assessment of Environmental Effects ('AEE') showed us in the s 120 appeal hearing that consent was sought for the following activities: (a) The establishment of the additional enclosed restaurant space and pizza kitchen, collectively referred to as The Veranda. (b) Use of the lawn for restaurant and outdo...

3. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...Papuni is censured, and order that his licence be suspended for a period of 18 months from the date of this decision. [47] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson _________________ Mr N O’Connor Member ______________...

4. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...Committee’s costs. This sum is to be paid to the Authority within 40 working days of the date of this decision. [51] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member ________...

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

   ...By their actions, some of the trustees also demonstrated 77 Tākitimu MB 226 their inability to appreciate the risks the trust faced or to act decisively to mitigate if not eliminate those risks. [18] That decision was never subject to any appeal. [19] Moreover, the Court receives regular reports from Mr Hemana as to the progress for the project, its finances and any challenges the project has been experiencing. I am satisfied that Mr Hemana’s approach is sound and is in th...

6. Deputy Registar - Lot 1 DP 150873 Waikoukou No 406 [2019] Chief Judge's MB 264 (2019 CJ 264) [pdf, 302 KB]

   ...Registrar or in the presentation of the facts of the case to the Court or the Registrar; and if so, 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 7 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 271 (b) Is it necessary in the interests of justice to remedy that mistake or omission? Discussion [16] The order made by His Honour Judge Spencer in 2001 was made under s 134 of Te Ture Whenua...

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

   ...Whānau Trust (2017) 56 Takitimu MB 94 (56 TKT 94) at [11] . 5 Chambers v Keepa – Te Hinau A Pura Whānau Trust (2016) 350 Aotea MB 74 (350 AOT 74) at [46]. 6 Larkins v Kaitaia – Waihou Hutoia D2A [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) at [27]. 7 At [30]. 8 At [24]. 211 Waiariki MB 111 should not give effect to this arrangement. However, the Court is not bound by the outcome of a majority vote either in favour of or in opposition to an appl...

8. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   ...Guo’s complaint under the Privacy Act in which she alleged Dr Culpan failed to make full disclosure when responding to her IPP 6 request. Those proceedings were dismissed by the Tribunal in Guo v Culpan [2018] NZHRRT 25 (19 June 2018) and Ms Guo’s appeals to the senior courts have been unsuccessful. See the decisions collected in the Minute dated 30 October 2020 at [3]. In these circumstances grant of the application will not be consistent with the duty of the Tribunal to ensure th...

9. Benioni - Succession to John Benjamin Karaitiana [2020] Chief Judges MB 1341 (2020 CJ 1341) [pdf, 326 KB]

   ...(b) If so, is it necessary in the interests of justice to remedy the error by amending the order? Kōrerorero – Discussion Birth certificate 1 [2009] Chief Judge’s MB 209-225 (2009 CJ 209). 2 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167). 2020 Chief Judge’s MB 1349 [17] A birth certificate is prima facie evidence of the truth of the information it contains.3 However, that presumption may be rebutted if the Court is satisfied on the balance of probabilit...

10. Trustpower – EiC – N I Foran (5 Feb 2021) [pdf, 2 MB]

    ...which may enhance or impact on Trustpower’s existing, consented or prospective electricity generation assets and associated infrastructure. This includes providing input into regional and district planning activities, including Environment Court appeal processes. 4. TRUSTPOWER’S BACKGROUND AND GENERATION PORTFOLIO 4.1 Trustpower is a publicly listed and predominantly a New Zealand owned company. It grew from the Tauranga Electric Power Board (established in 1924) and was form...