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1. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...to apply for a visa under section 61, and paid Mr Li $500. The complainant says Ms Ling had signed this agreement before Mr Li presented it to him. On 13 August 2014, the complainant again met with Mr Li. Mr Li advised the complainant he could not appeal the decline of his work visa application, or write to the Minister; he provided a list of documents required for the section 61 request. 3 [7.4] On 27 August 2014, Ms Ling submitted a section 61 request. Immigration New Zeala...

2. Te Rūnanga o Ngāti Awa v Paul - Otara o Muturangi (burial ground) (2014) 2014 Chief Judge's MB 615 [pdf, 291 KB]

   ...Allotments 302-315 Town of Richmond and Richmond Township Allotments 18-20 [2013] Chief Judge’s MB 473 (2013 CJ 473) at [253]-[255]. 9 Tau v Ngā Whānau o Morven and Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2014 Chief Judge’s MB 623 No error of law [37] The respondents submitted that the applicant supplied no evidence to support the contention that the Court failed to notify Ngāti Awa of the application. Without...

3. Recording Industry Association of New Zealand v TCLEA-T7364885 [2013] NZCOP 17 [pdf, 382 KB]

   ...to the account holder, not the general public. Flagrancy [46] RIANZ noted that “flagrancy” is to be considered by a Court as a factor in awarding additional damages in cases of copyright infringement, and pointed to the recent Court of Appeal discussion in the Skids23 case to the effect that “flagrant” meant “deliberate and calculated conduct”. The Tribunal adopts that, but notes that those words form only a portion of a much stronger definition used by the Court of Ap...

4. Legal Aid Audit Report 2017-2018 [pdf, 367 KB]

   ...be required to sign instructions [they] will plead guilty, not guilty, give evidence, not give evidence, elect jury trial etc. Not to do so leaves the provider open to criticism and possibly could result in ‘counsel error’ being argued as an appeal ground.” Poor and very poor results Audits attracting poor and very poor ratings usually identified serious shortcomings in file maintenance. In the worst cases, key documents (such as records of instructions, advice and court app...

5. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 32 ACR 267/17 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN KELVIN FISHER Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 24 November 2020 Heard at: Dunedin/Otepoti Appearances: Mr P Sara for the appellant Mr C Light for the respondent Judgment: 9 Feb...

6. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [pdf, 180 KB]

   ...authorities addressing wilful blindness on the part of bankers;6 Australian authority for the proposition that a lawyer who receives money on behalf of his client/trustee does not become trustee thereof;7 and the test framed by the New Zealand Court of Appeal for dishonest assistance on the part of a lawyer.8 Counsel submits Mr KD’s state of mind was not dishonest. It is submitted that Mr KD did not have actual knowledge or the requisite suspicion.9 [33] Dr WS sent a further e...

7. Trustpower - Supplementary - S Styles - Planning (23 March 2021) [pdf, 1.2 MB]

   ...sections. Policy 41 – Matching monitoring to risk Consider the risk of adverse environmental effects occurring and their likely magnitude when determining requirements for auditing and supply of monitoring information on resource consents. 47 Appeal to Environment Court by (i) Southland Fish and Game Council ENV-2018-CHC-000037 (ii) Federated Farmers of New Zealand ENV-2018-CHC-000040 (iii) Royal Forest and Bird Protections Society of New Zealand Incorporated ENV-2018-CHC-000050...

8. [2020] NZEnvC 137 Oceana Gold New Zealand Limited v Otago Regional Council [pdf, 312 KB]

   ...New Zealand Limited & Ors v Otago Regional Council BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2020] NZEnvC 137 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of Schedule 1 to the Act BETWEEN OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCOR...

9. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [pdf, 126 KB]

   ...application was made, but its fate is not known. 4 Residence declined [17] On 22 June 2016, Immigration New Zealand declined the complainant’s application for residence. It was not satisfied that the partnership was genuine and stable. Mr Vole appealed the decision to the Immigration and Protection Tribunal, on behalf of the complainant. [18] The complainant and Mr Vole entered into a further agreement on 25 July 2016 covering representation for the appeal. The fee was $...

10. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

    ...for an order that Mr and Mrs LK sign the special resolution to allow the sale to proceed. [16] The High Court ordered Mr and Mrs LK sign the special resolution forthwith. Mr and Mrs LK complied, and the sale proceeded. [17] Mr and Mrs LK appealed to the Court of Appeal, but the Court declined leave for the appeal to proceed. [18] Mr and Mrs LK then appealed to the Supreme Court which quashed the order made by the High Court. The Court also recorded “that the LKs did not s...