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...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 ________...
...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...
...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...
...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...
...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...
...(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...
...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...
...delay matters, and cause prejudice to NZTG. This likelihood is apparent from the fact they have: a) ignored cease and desist letters; b) been served with an injunction which has largely been ignored; c) filed a stay application and filed an appeal to the interim injunction order; and d) sought to delay the substantive proceeding until the New Year, knowing full well that any delay is only going to benefit them and ETL, to the detriment of NZTG. [34] I am persuaded that it is...
...Where evidence is considered, that will not normally occur if it is inconsistent with the pleadings. That is because a strike out application is dealt with on the basis that the plaintiff is able to prove the pleaded facts. However, the Court of Appeal has acknowledged that there may be cases where a factual allegation is so demonstrably contrary to indisputable fact that the matter ought not to be allowed to proceed further. The submissions [24] In summary, Ms Sharma’s subm...
...decision in Lagolago9 emphasised the broad discretion of the Tribunal as to costs, reflecting as that does the special role of disciplinary proceedings, which are otherwise funded by the profession and are brought in the public interest. The Court of Appeal subsequently upheld a refusal of costs on an otherwise “successful” appeal.10 [50] We accept the Standards Committee submission that “misconduct” was certainly arguable on the facts of this case, in respect of Charge 1....