Search Results

1. Application-to-provide-legal-aid-ServicesV21.8.pdf [pdf, 2 MB]

   ...Service Provider Approval Level(s) (PAL) Mental Health Police Detention Legal Assistance Employment Advocate Duty Lawyer Waitangi Tribunal Parole Māori Land Court & Māori Appellate Court Civil Refugee & Protected Persons Family Court of Appeal & Supreme Court 12 If you’re applying for a Criminal approval, please name the Court cluster Courts and PAL level(s) you will cover within the cluster 13 If you’re applying for Police Detention Legal Assistance (PDLA) approva...

2. Wyllie - Whatatuna 11 (2022) 110 Tairawhiti MB 64 (110 TRW 64) [pdf, 233 KB]

   ...point as follows:7 5 Te Ture Whenua Māori Act 1993, s 288(2). 6 Neal - Taiharuru 4C3C (2016) 132 Taitokerau MB 97 (132 TTK 97) at [30]. 7 MacDonald v MacDonald - Wairau Block XII Section 6C2C [2016] Maori Appellate Court MB 259 (2016 APPEAL 259) at [62]. 110 Tairawhiti MB 70 [I]n most circumstances where an application for partition is opposed the support for the application will need to outweigh the opposition before there can be said to be ‘sufficient support...

3. LCRO 68/2022 YE v AL (23 May 2023) [pdf, 200 KB]

   ...thereby prompting Mr YE to question where the water was supplied from. 6 Nature and scope of review [35] The High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

4. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...ORDERS [46] Mr Sheldon is: 1. Censured. 2. Ordered to pay a fine of $2,000 to the Authority within one month of this decision. [47] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [48] Having regard to the interests of the public in the transparency of the Tribunal and knowing of wrongdoing by licensees, it is appropriate to order publication of this decision.15 _____...

5. 2023-05-22-Form-33-Prouse-Trust-K-S-Prouse.pdf [pdf, 429 KB]

   ...and • a person who made a submission about the subject matter of the proceedings. We are not a trade competitor for the purposes of section 308C of the Resource Management Act 1991. We are directly affected by an effect of the subject of the appeal that- • (a) adversely affects the environment; and • (b) does not relate to trade competition or the effects of trade competition. We are interested in those parts of the Notice of Requirement proceeding that introduce environmenta...

6. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...date of this decision. (c) Ordered to pay costs of $27,271.50 to the Authority within 20 working days of the date of this decision. [50] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [51] In light of the outcome of this charge and having regard to the interests of the parties and of the public, it is proper to order publication of the decision of the Tribunal without identify...

7. LCRO 39/2022 RD v QL and ZH (29 November 2023) [pdf, 155 KB]

   ...negotiating the terms of the new lease, which have no relevance to this decision. Nature and scope of review [40] The High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. I...

8. [2024] NZEnvC 056 Hastings District Council [pdf, 222 KB]

   ...convened by an independent hearings panel made up of at least one commissioner and one commissioner with a knowledge of tikanga Māori. The panel’s report is then referred to the Minister for the Environment for decision. There is no provision for appeals. HDC anticipates that PC6 could be operative by August 2024. 10 Section 32 Report, at page 9. 11 Council’s memorandum at [23]-[26]. 12 [38] Relief that may be sought by submissions is likely to fall into one of...

9. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

   ...case was made, the power was conferred on the Tribunal under s 115.6 3 Mr Brown did not file any opposition to the strike out when initially directed to do so in 2017. The Tribunal then did not progress any of Mr Brown’s matters as he had appealed to the senior courts from the decision of the Tribunal declining his application for the Chairperson (Mr RPG Haines QC) to recuse himself from hearing any of his proceedings. In 2020 Mr Brown was provided a further opportunity to file an...

10. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

    ...ought to impact on penalty. 9. The importance of maintaining public confidence in the provision of legal services, which incorporates scrutiny of the disciplinary process. The purposes of disciplinary penalties was discussed by the Court of Appeal in Morahan4: [40] In deciding whether s 351 of the 2006 Act prohibited the Tribunal from considering in its penalty decision Mr Morahan’s conduct prior to 1 August 2002, we consider it helpful to first examine the purpose that underp...