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1. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...firm and the complainant. [10] We record that the practitioner continued to act for Mr S. This was initially intended to be on a legal aid basis but in fact ultimately was a private retainer, in which the practitioner successfully conducted an appeal. This was clearly a more involved and lengthy brief that the retainer between the firm and the complainant. [11] Finally, we note that the mistaken date (19 November rather than a later, early- December date) has been the cause of...

2. Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151) [pdf, 275 KB]

   ...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. [19] The application of s 222(2) of the Act was considered by the Court of Appeal in Clarke v Karaitiana: 11 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues,...

3. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 1.7 MB]

   ...decision to the High Court. In her judgment. delivered on 6 July 2016, her Honour Justice Clark dismissed NZALPA's concerns, and held that the Director's decision and the process leading to that decision was lawful. On 28 July 2016, NZALPA appealed the High Court Decision to the Court of Appeal. In their judgment delivered on 28 February 2017, the Court of Appeal set aside the Director's decision, and ordered that it be reconsidered. In particular, the Court of Appeal s...

4. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...election and requesting a hearing. Deputy Chief Judge Isaac dismissed that application on 29 October 2001 on the grounds that sections 44 and 45 of the Act relate to corrections of errors in orders and that no final order had been made from which an appeal was possible, at 2001 CJMB 200-202. He then suggested that further directions should be sought setting out a timetable to conclude all applications then extant. Minute Book: 123 AOT 163 CASE LAW Maori Reservations In a decision...

5. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...There is also the decision of Cooper v Waikato Bay of Plenty Standards Committee No. 2 of the New Zealand Law Society7 in which the practitioner who was found guilty of misleading the Court was suspended for 18 months, a period which was upheld on appeal. In that matter the Tribunal and Appellate Court had found the practitioner guilty of wilfully and deliberately misleading the Court. We have not quite reached that point in this matter. However, in Mr Claver’s case, there are a...

6. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...they were experiencing at the time of the hearing, pressure asserted on them by their own counsel, and finally, deceptive and misleading conduct on the part of Mr WZ. [12] Ms HK and her husband attempted to have the agreement reached set aside. Appeals filed were unsuccessful. [13] Ms HK believed that Mr WZ had, in various ways, been responsible for her being misled as to the terms of the agreement. [14] I have had the benefit in conducting this review of being very familiar with...

7. [2021] NZEnvC 023 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 6.1 MB]

   BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA KIOTAUTAHI Decision No. [2021] NZEnvC 23 IN THE 1v1A TIER of the Resource Management Act 1991 AND of an appeal under s120 of the Act BET\VEEN GIBBSTON ·v1NES Lii\fffED (ENV-2018-CHC-8) AND Appellant QUEENSTOWN LAKES DISTRJCT COUNCIL Respondent Court: Environment Judge J J M Hassan Environment Commissioner WR Howie Environment Commissioner S G Paine Hearing: at Christchurch on 24 November...

8. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...including internal documents and statements to [Company B] shareholders … [48] He acknowledged that the Commerce Commission did not accept the opposing parties’ submissions on wholesale pricing but said that, had the case gone to a High Court appeal hearing,16 their argument on that score could have attracted positive attention from a judge sitting with two assessors. He added that rejection of a submission (a litigation commonplace) did not mean it ought not to have been made....

9. March 2022 Notification of Applications in Office of Chief Registrar [pdf, 418 KB]

   ...45/93 Dinah Doyle CJ 2019/41 - Reweti Reweti or Reweti Charlie Reweti or Charles Reweti or Charlie Reweti - and a succession order made at 307 Rotorua MB 243-252 on 3 April 2007 - Application to the Chief Judge A20190011273 58/93 Anabel Thompson Appeal 2020/2 Pani Mokaraka - Waima C8 Block and orders made at 2019 Chief Judge's MB 1137-1161 (1 November 2019) - Notice of Appeal 16 A20200001143 45/93 Hiria Rata CJ 2020/3 - Takahiwai 5F1 Block - and succession orders made...

10. [2023] NZEnvC 193 Brial v Queenstown Lakes District Council [pdf, 5.3 MB]

    BRIAL v QLDC & OTHERS – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 193 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN MICHAEL CAMERON BRIAL AND EMILY JANE O’NEIL BRIAL (ENV-2019-CHC-114) Appellants AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent AND S AND S BLACKLER, B AND K BLACKLER AND TRUSTEES BFT LIMITED Applicants Court:...