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1. Taueki v Procter – Horowhenua (11) Lake (2013) 296 Aotea MB 91 (296 AOT 91) [pdf, 145 KB]

   ...Interested Parties Hearing: 17 January 2013 (Heard at Levin) Appearances: P Taueki in person V Taueki in person Judgment: 25 January 2013 ORAL JUDGMENT OF L R HARVEY Introduction [1] Phillip Taueki has filed an appeal against my decisions issued on 26 November and 18 December 2012. He opposes the appointment of trustees to the Lake Horowhenua Trust and claims that the process of election was flawed for various reasons. He also refers to his...

2. Ferness v Lampeter LCRO 178 / 2010 (18 November 2010) [pdf, 73 KB]

   ...by the fact that similar conclusions have been reached in other jurisdictions. Thus in Inglis Enterprises Ltd v Race Relations Conciliator (1994) 7 PRNZ 404 it was held that the High Court had no jurisdiction to extend time for the making of an appeal where the empowering statute set clear time limits. Some guidance can also be taken from Commerce Commission v Roche Products (New Zealand) Ltd [2003] 2 NZLR 519. In that case the Court of Appeal strictly applied time limits applicabl...

3. FC v RU LCRO 273/2012 (11 July 2014) [pdf, 118 KB]

   ...pay outstanding invoices; that he failed to seal a judgment of the Family Court; that a bill was excessive; that he failed to follow her instructions that all communication be in writing; and that he failed to pay her a refund from the Court of Appeal when an appeal was abandoned. [7] The Committee declined to consider the complaint further, because all but one of the complaints did not warrant disciplinary proceedings, and that with regard to the failure to seal the judgment of th...

4. Complaints Assessment Committee 304 v Christopher Chapman [2017] NZREADT 65 [pdf, 147 KB]

   ...Rather, it reflects the position the Tribunal is now in, given the imminent hearing. [16] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

5. Allen v Karena - Te Koau A (2016) 51 Takitimu MB 91 (51 TKT 91) [pdf, 258 KB]

   ...appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. [12] A leading authority in the context of the appointment of trustees is the Court of Appeal judgment Clarke v Karaitiana. 4 In that decision, the importance of the broad acceptability of nominees as well as their relevant skills and experience, were highlighted: 5 [51] The touchstone is s 222(2) itself. In appointing a...

6. T v Mudaliar [2017] NZIACDT 10 (28 July 2017) [pdf, 152 KB]

   ...NZIACDT 79, and subsequently issued an interim decision on sanctions EBT v Mudaliar [2015] NZIACDT 92. The interim decision reserved orders relating to the refund of fees, costs and compensation. Instead of completing the timetable, Mr Mudaliar appealed the interim decision. I understand the District Court refused to deal with the appeal until all the issues relating to sanctions have been resolved. [2] The parties have produced further material relating to the reserved issues....

7. [2018] NZEnvC 106 The Wellington Company Limited v The Save Erskine College Trust [pdf, 210 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2018] NZEnvC 106 of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWCl") (ENV-2017 -WlG-000038) Appellant THE SAVE ERSKINE COllEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section 274 RMA Party Court: Princ...

8. 2020-12-02 Minute Final Timetable and Expert Conferencing Directions [pdf, 138 KB]

   ...2 See Minute - Timetable Directions and Expert Conferencing for PC 7 dated 2 November 2020 at [15]-[17]. 3 ORC advices that it cannot formally resolve to make Chapter 3 operative as its provisions interface with other provisions that have been appealed by Port Otago to the Court of Appeal. 4 Alliance Group Ltd v Otago Regional Council [2019] NZEnvC 42 dated 15 March 2019. 5 National Policy Statement for Freshwater Management 2020, cl 4.1. 6 National Policy Statement for Freshwater Ma...

9. White v Eriwata - Waitara SD sections 6 and 91 Land Trust (2006) 165 Aotea MB 37 (165 AOT 37) [pdf, 330 KB]

   ...application for injunction per section 19(1)(a) of Te Ture Whenua Maori Act 1993 against Margaret Eriwata. In that same decision Ms Eriwata's application for an injunction against the trustees of the land was dismissed. [2] Ms Eriwata then appealed that decision, which was heard before the Maori Appellate Court on 14 December 2005, 15 Whanganui Appellate Court MB 198 (15 WGAP 198). In its judgment of 22 December 2005 that Court dismissed the appeal, 15 Whanganui Appellate Cou...

10. [2017] NZEnvC 161 Minister of Corrections v Otorohanga District Council [pdf, 1.2 MB]

    ...disclosed to the court, counsel and to the parties and their expert witnesses on the following terms: (a) publication or communication of the works requirements in whole or in part to those other than the court, counsel and the parties to this appeal (including their expert witnesses) is prohibited; (b) that part of the hearing at which the works requirements is likely to be referred shall be held with the public excluded, if requested. The exclusion of the public does not apply t...