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1. [2024] NZEnvC 196 Bacon Butty Limited v Auckland Council [pdf, 130 KB]

   Bacon Butty Limited v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision No. [2024] NZEnvC 196 IN THE MATTER OF an appeal under section 325(2) of the Resource Management Act 1991 AND an application under section 325(3A) of the Resource Management Act 1991 BETWEEN BACON BUTTY LIMITED (ENV-20240-AKL-182) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge M J L Dickey Last case e...

2. [2024] NZEnvC 061 Newsome v Auckland Council [pdf, 184 KB]

   ...M J L Dickey Last case event: 18 March 2024 Date of Decision: 28 March 2024 Date of Issue: 28 March 2024 DECISION OF THE ENVIRONMENT COURT A: The stay of the abatement notices is extended to 31 May 2024. REASONS Introduction [1] This appeal relates to abatement notices issued by the Auckland City Council (Council) on 7 November 2023 requiring Mr and Mrs Newsome (Appellants), to immediately remove the building partly within the road reserve and partly within the 2 front...

3. Charles Benest v CAC303 & Andrew Lawrence [2015] NZREADT 31 [pdf, 117 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 31 READT 085/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN CHARLES BENEST Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC303) First respondent AND ANDREW LAWRENCE Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen – Member HEARD at AUCKLAND on 2 April 2015 DA...

4. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by NZ Herald for Access to Tribunal File) [2013] NZHRRT 20 [pdf, 44 KB]

   ...accords with Patterson v Commissioner of Inland Revenue [2013] NZCA 4, [2013] NZAR 136. In that case the High Court Rules, especially r 3.16, were drawn on to better inform decisions 3 on non-party access to documents filed in the Court of Appeal. The Dominion Post had sought permission to access certain documents pertaining to the forthcoming appeal by Mr Patterson, who had been adjudicated bankrupt and was appealing from that decision. The newspaper wished to obtain the decisi...

5. [2017] NZEnvC 172 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 185 KB]

   BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: Date: IN THE MATTER AND BETWEEN AND [2017] NZEnvC \"l'l of the Resource Management Act 1991 of an appeal pursuant to Clause 14 of the First Schedule of the Act MOTITI ROHE MOANA TRUST (ENV-2015-AKL-000134) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent Judges JA Smith and DA Kirkpatrick At Auckland on 18 October 2017 Mr R Enright for Motiti Rohe Moana Trust, and as agent for Royal F...

6. MLC - 2012 February - The appointment of trustees to Māori land trusts [pdf, 319 KB]

   ...losses, the Court is criticised for failing to properly supervise trusts and for appointing individuals lacking the necessary ability, experience and knowledge to administer trusts effectively. Some guidance on these issues was provided by the Court of Appeal’s recent decision in Clarke v Karaitiana. Clarke v Karaitiana [2011] NZCA 154 The Māori Land Court had ordered the Registrar to convene a meeting of owners of Tauhara Middle 15 to be held in September 2008 to elect trustee...

7. 2017 NZSSAA 068 (29 November 2017) [pdf, 94 KB]

   [2017] NZSSAA 068 Reference No. SSA 132/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Whangarei against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair K Williams - Member Hearing at Auckland on 27 July 2017 Appearances The appellant and XXXX, support person P Siueva as agent for Ministry of Social Development DECISION Bac...

8. [2019] NZSSAA 8 (19 February 2019) [pdf, 95 KB]

   [2019] NZSSAA 8 Reference No. SSA 065/18 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair K Williams - Member C Joe - Member Hearing at Auckland on 14 December 2018 Appearances The appellant and her daughter, XXXX, by audio visual link from Queensland P Siueva, agent for the Ministry...

9. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...with daylighting and encroachments and install a swimming pool and new deck at 707 Pukehina Parade (the Application). On 30 September 2020, the Council declined consent for the Application. Mr Goldsmith and Dame Taurua, as trustees of the Trust, appealed the decision to the Court on 7 October 2020. The parties engaged in a series of private discussions to see if the matter could be settled outside of the Court. By email of 4 June 2021, the Council advised that the parties had reac...

10. KC v Q Ltd [2021] NZDT 1352 (12 March 2021) [pdf, 205 KB]

    ...having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out of Time. PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the...