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1. ENVC Hearing 6Oct14 TGKL legal submissions [pdf, 357 KB]

   ...104(1)(a). Ecological issues 15. The ecology witnesses caucused on 19 and 27 August 2014, and prepared a Joint Expert Witness Statement Coastal Ecology and Anti-fouling.'° 6 Batchelor v Tauranga District Council (1992) 1 NZRMA 266, affirmed on appeal Batchelor v Tauranga District Council (No 2) [1993]2 NZLR 84; (1992) 2 NZRMA 137 (HC). 7 Aquamarine Ltd v Southland Regional Council (1996) 2 ELRNZ 361; LewislGreve Authorities 1. 8 Ibid, at page 366. 9 Poynter EIC, at paragraph 1...

2. Owhetu Block Charitable Trust - Lot 1 Deposited Plan 427145 (2015) 98 Taitokerau MB 242 (98 TKT 242) [pdf, 213 KB]

   ...hearing. Opposing counsel was only made aware of the application for an adjournment at the commencement of the hearing. The Māori Appellate Court held: Mr Nash, we have considered your request for an adjournment. This application, notice of appeal was filed on 26 April. The respondent is entitled to finality in this matter. The appellant has had more than adequate time to brief counsel; the fact that you have been briefed quite recently is of no concern to us here and even t...

3. Taueki v Horowhenua District Council – Horowhenua (11) Lake (2012) 294 Aotea MB 236 (294 AOT 236) [pdf, 260 KB]

   ...the surrounding land is complex and this oral decision need not be encumbered with that detail. For present purposes however, a useful summary of background facts relevant to the proceedings can be found in the recent judgment of the Court of Appeal Taueki v R which is now reproduced in full for convenience: 4 [5] Mr Taueki is a member of the Muaüpoko iwi whose members, as we shall discuss, are the owners of the lake bed and relevant land. For these purposes, the starting po...

4. CAC 10073 v Cho [2013] NZREADT 93 [pdf, 141 KB]

   ...unsatisfactory conduct. 11 [48] Accordingly, we simply record that we have found the defendant guilty of unsatisfactory conduct on each charge. [49] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C...

5. Te Onetu Pihama Incorporation (2011) 266 Aotea MB 20 (266 AOT 20) [pdf, 145 KB]

   ...a custodian trustee. (5) For every trust constituted under this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [28] Recently the Court of Appeal in Clarke v Karaitiana considered the application of this section and the breadth of this Court’s discretion on whom to appoint and the basis for so doing. 12 That Court affirmed the principle that the discretion to appoint is not un...

6. CAC 20003 v Weldrand [2013] NZREADT 78 [pdf, 62 KB]

   ...Authority at Wellington; [b] $1,500 as a contribution towards our expenses payable to the Tribunals Unit, Ministry of Justice, 86 Customhouse Quay, Wellington. [57] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member _________________________...

7. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...for any type of legal aid query. Calls will be answered by legal aid staff in the Wellington office, 8am–5pm, Mon–Friday. 0800 2 LEGAL AID 0800 253 425 We work with the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, 58 district courts, the Environment Court, Employment Court, Coroners Court, Māori Land Court and Waitangi Tribunal We support 28 other tribunals, authorities and committees (including the Disputes Tribunal and Tenancy Tr...

8. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...Director or Manager of a company for two-and-a-half years. That decision provided useful background information, however we remind ourselves that it dealt with different subject matter from the charge under consideration by the Tribunal and the appeal was argued on the papers without viva voce evidence being heard from Mr Davidson. [8] Mr Davidson’s position has been throughout that it was his honest and genuine belief that the statements made in the prospectus documents and exte...

9. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...“Pelorus Realty” rather than “Pegasus Realty”. The Tribunal accepts this error and annexes a substituted Decision which correctly shows the name of Mr Kolich’s workplace. [9] The Tribunal draw the parties’ attention the right of appeal to the High Court contained in s.116 Real Estate Agents Act. DATED at AUCKLAND this 29th day of August 2014 _____________________________ Ms K Davenport QC Chairperson 4 ______________________________ Ms C Sa...

10. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

    ...without good cause or communication with his or her employer. In such circumstances, the employee has essentially unilaterally terminated the employment agreement and there is no dismissal. [33] In E N Ramsbottom Ltd v Chambers 5 the Court of Appeal made it clear that an employer should be cautious in drawing an inference that an employee has abandoned their employment and should take reasonable steps to make inquiries of the employee. 6 This is reinforced by the statutory...