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1. [2024] NZEnvC 076 McDonnell v Auckland Council [pdf, 316 KB]

   ...property comprises two cross lease composite freehold/leasehold titles (the Property). [2] The appellants have appealed part of Auckland Council’s decision granting resource consent to convert the two cross lease titles for the Property to two fee simple titles subject to conditions (Subdivision appeal). The appeal seeks that conditions 8 and 9 of the resource consent relating to wastewater and stormwater be deleted. [3] The appellants’ agent Development Partners Managemen...

2. Affidavit accompanying Jumpjet's Application to Strike Out (17 November 2018) [pdf, 3.1 MB]

   ...John Kile, acting for Jumpjet Holdings Limited, have tabled a Notice of Application to Strike Out the Direct Referral proceedings made by the Applicant, Wellington International Airport Limited. (WIAL) 2. We note that the position of head of the Civil Aviation Authority (CAA) is the Director. 3. The Court granted deferment to WIAL until the 31 October 2018 in the 19th Minute of the Court with reference to the proposed Runway End Safety Areas (RESA) at Wellington Airport on 20 April...

3. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   ...substantial contribution to costs but concedes that the matter is the subject of the Legal Services Act 2000. Section 40 of that Act states as follows: 40 Liability of aided person for costs (1) If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all t...

4. TTMR-Application-form-Approved-TM.pdf [pdf, 222 KB]

   ...(Selfies will NOT be accepted) • A coloured copy of your current Australian registration documents (copies of your identification badge (front and back) • If applicable, specify any conditions imposed on your Australian registration. • The fee for filing this application (see below) Completing this form • You can fill in this form electronically. If you do, you must print, sign, and submit it to the Authority. • You can also print and fill in this form by hand. Use...

5. BORA Family Court Proceedings Reform Bill [pdf, 326 KB]

   ...encourage faster, less adversarial and less costly resolution of family disputes. To this end, the Bill restricts the role of legal and other professionals in certain proceedings, places prerequisites on certain applications, and imposes additional fees and costs. 3. A number of the proposals engage s 27 of the NZBORA. We consider that there are however sufficient exceptions, and sufficient protections in the system as a whole, to avoid any breach of that right. Right to justice...

6. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...subsequently produced accurate translations of qualifications. [13] They eventually made their own inquiries with Immigration New Zealand and discovered the advice they received from Ms SH was not accurate. 3 [14] They sought a refund of fees to the extent fees have not been used and compensation for the expense of the unnecessary NZQA assessment of $1,540. The response [15] Ms SH responded to the complaint by letter dated 29 April 2011 sent to the Authority. [16] Ms...

7. O v I [2018] NZIACDT 23 (18 June 2018) [pdf, 231 KB]

   ...February 2017, it appears that he continued to provide his services. Although the complainant has been able to periodically communicate with the Adviser since he became unwell, the complainant has been unable to obtain a full refund of service fees, gain accurate and truthful information regarding her application, and get the Adviser to contact [her solicitor]. On 25 October 2017 a medical report, dated 15 September 2017, was provided to the Authority. The report of [the medical prac...

8. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...to engage section 27(3) BORA. The Crown has consistently taken the view that legislation of this type does not breach section 27(3), and I maintain that position here. 13. Section 27(3) BORA, provides: "Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals." 14. Both Sir Geoffrey Palmer and Professor...

9. Pricing policy for expert witnesses

   ...a person who has specialised knowledge or skill in a particular field which qualifies them to testify during legal proceedings as an expert about the facts of a matter. The Secretary for Justice has determined the classes of expert witnesses, and the fees, allowances, expenses, payable to them. This information is set out below. Ministry of Justice pricing policy for expert witnesses Purpose 1. This policy documents the rates and fees for expert witnesses in Aotearoa/New Zealand pursuant to the...

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10. Tawa v Tuaropaki E Trust - Tuaropaki E [2023] Māori Appellate Court MB 1 (2023 APPEAL 1) [pdf, 241 KB]

    ...their position. They now seek costs relating to the Māori Land Court proceedings as well as the Appellate Court proceedings.6 [12] The Respondent trustees seek an order of costs, being a reasonable contribution to the actual amount of legal fees incurred by the Trust in relation to both proceedings.7 Ngā korero a ngā kaiurupare Applicant’s submissions [13] The Applicant opposes any award of costs and asks instead that the application be dismissed. [14] The Applicant submi...