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1. [2020] NZEnvC 155 Wilkins Farming Co Ltd v Southland Regional Council.pdf [pdf, 6.9 MB]

   ...Carruthers for the appellant P A C Maw and M J Doesburg for the respondent Date of Decision: 21 September 2020 Date of Issue: 21 September 2020 INTERIM DECISION OF THE ENVIRONMENT COURT REASONS Introduction [1] Wilkins Farming Co Ltd has appealed the conditions of a water permit granted1 by the Southland Regional Council. 1 AUTH-20181529. WILKINS FARMING CO LTD v SRC - DECISION 2020 2 [2] While Wilkins has previously held a water permit to take and use water to irrigate...

2. [2010] NZEmpC 50 Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [pdf, 29 KB]

   ...between the parties. Guidelines for the exercise of the discretion are well established and set out, by way of recent example, in the judgment of this Court in Hanover Group Ltd v Finnigan.2 The guidelines are taken from a judgment of the Court of Appeal in Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd3. Emphasising a balancing approach to determine the justice of any given case, Hammond J said: In applications of this kind it is necessary carefully to weigh...

3. [2008] NZEmpC CC 12A/08 Clark v Nelson Marlborough Institute of Technology [pdf, 24 KB]

   ...costs, counsel were invited to file memoranda. [2] Mr Praat filed a memorandum on 6 October 2008. In it, he correctly identified the principles guiding the Court’s jurisdiction to award costs derived from several decisions of the Court of Appeal. Costs will usually follow the event and a useful starting point as to quantum is two-thirds of the costs actually and reasonably incurred. [3] Mr Praat attached to his memorandum copies of invoices rendered by his firm to...

4. Martick v CAC303 & Ors [2015] NZREADT 56 [pdf, 141 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 56 READT 099/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN KATHRYN MARTICK Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 3003) First respondent AND STUART AND JOANNE MILES Second respondents MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Ms N Dangen – Member Ms C Sandelin – Member HEARD at AUCKLAND on 23 JUNE 20...

5. Law v CAC 20001 & Lewis [2012] NZREADT 49 [pdf, 37 KB]

   Decision No: [2012] NZREADT 49 Reference No: READT 008/12 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN SAY (JAMES) LAW Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20001) First Respondent AND HEATHER LEWIS Second Respondent BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Ms K Davenport - Chairperson Ms J Robson - Member Mr G Denley - Member APPEARANCES The appellant in pe...

6. LA - Reference - Part 3A [pdf, 574 KB]

   ...following areas of law: Please ensure you mark your preferences clearly Legal Aid Services Criminal Provider Approval Level 1 Criminal Provider Approval Level 2 Criminal Provider Approval Level 3 Criminal Provider Approval Level 4 Court of Appeal and Supreme Court Civil Family Mental Health Refugee and Protected Persons Employment Advocate Waitangi Tribunal Māori Land Court and Māori Appellate Court Specified Legal Services Duty lawyer Police Detention Leg...

7. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 96 READT 082/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RAFAL PRIOTR PIONTECKI AND SYLWIA PIONTECKA of Hamilton, Complainants Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC20003) First respondent AND ANGELA DAVIES of Hamilton, Real Estate Agent Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr J Gaukr...

8. Darling v CAC 20002 & Penrose [2014] NZREADT 63 [pdf, 31 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 63 READT 057/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN JOHN DARLING of Dunedin, Company Director and Real Estate Agent Appellant AND THE REAL ESTATE AGENTS AUTHORITY (per CAC 20002) First respondent AND DAVID PENROSE, of Queenstown, Real Estate Agent Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G D...

9. [2015] NZEmpC 81 Bracewell v Richmond Services Ltd costs [pdf, 88 KB]

   ...plaintiff who discontinues a proceeding against a defendant must pay the costs of the defendant of and incidental to the proceeding up to and including the discontinuance. [7] In Kroma Colour Prints Limited v Tridonicatco NZ Limited the Court of Appeal noted that the presumption in favour of awarding costs to a defendant against whom a proceeding had been discontinued may be displaced if there were just and equitable circumstances not to apply it. A Court would not speculate on...

10. LCRO 204/2017 CA and KB v MN [pdf, 102 KB]

    ...scope of review [15] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...