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1. Wellington International Airport Limited Legal Submissions - 10 December 2018 [pdf, 217 KB]

   ...section 279(4)(c) (Strike out Parties). Background and Requested Adjournment 2. As the Court is aware, as a result of protracted judicial review proceedings initiated by NZALPA, WIAL is seeking further consideration by the Director General of Civil Aviation (DG) as to an acceptable runway end safety area (RESA) specification at Wellington Airport as part of WIAL’s proposed runway extension. 3. Accordingly WIAL lodged its further RESA application (RESA Application) with the DG...

2. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...application seeking an urgent interim injunction against the trustees. Both of those applications were dismissed. Mr Paerau then filed the rehearing application which was also dismissed. These applications have been conducted in a manner akin to civil litigation in the mainstream courts. This supports that the conventional approach applies and that costs should follow the event. [18] Mr Tupara argues that costs should not be awarded as these issues should have been resolved th...

3. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...guaranteed the Company’s borrowing. Mr NE regarded both the Company and Mr GT as his clients. [20] He advised that the Company had not paid any interest to [Company 2] for some months and that the finance company was paying the Company’s legal fees incurred in relation to a dispute with [Company 4].6 [21] Notwithstanding communications between Mr NE and [Company 2], the finance company made demand on the Company on 15 November 2006 and appointed a receiver on the same day....

4. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [pdf, 220 KB]

   ...complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [57] A timetable is set out below. Any request that Mr Liu undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [58] The timetable for submissions will be as follows: 12 (1) The Registrar...

5. [2023] NZIACDT 28 – YI v MM (8 November 2023) [pdf, 161 KB]

   ...relationship being genuine and stable and likely to endure. 3 [8] On 19 January 2023, the complainant and the consultancy entered into a service agreement. The adviser would prepare and lodge a partnership resident visa application. The fee was $5,500. [9] The complainant appears to have paid a total of $5,175 between 20 January and 22 February 2023. Adviser files residence application [10] A resident visa application was prepared by the adviser and filed with Immigration...

6. [2023] NZREADT 24 - CAC 2103 v Lieven (21 August 2023) [pdf, 242 KB]

   ...disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that approp...

7. Privacy Act 1993 and Privacy Act 2020

   ...in person – preserving access to justice Turner v University of Otago (Costs) [2021] NZHRRT 48 Fisher v Foster (Costs) [2020] NZHRRT 29 Costs – principles to be applied – whether a presumption costs to be awarded successful party – whether civil litigation rules applicable in human rights context – whether discretion to award costs must promote, not negate objects of statute – whether means of unsuccessful party relevant – whether appropriate to discourage individuals from acces...

   Located in:

   1. Tribunals >
   2. Human rights >
   3. Decisions - Index

8. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 200 of the Resource Management Act 1991 of an application for a declaration pursuant to s 311 (1) of the Act MORNINGSTAR DEVELOPMENT LIMITED (ENV-2017-AKL-152) Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner ACE Leijnen Hearing: At Auckland on 12 December 2017 Appearances: CDH Malone for Morning

9. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...Wellington, Auckland on: (a) Jaafar as the registered proprietor of the land; and (b) Mt Wellington Highway Limited (MWHL) as the registered proprietor of a leasehold interest in the land and as the holder of an unregistered option to purchase the fee simple interest in the land, both acquired on 23 December 2011 from Century Corporation Ltd; and [4] The land owned by Jaafar and leased to MWHL is roughly triangular in shape, with the Mt Wellington Highway along its western boundar...

10. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

    ...Act 2007 was heard as part of those proceedings. The Court of Appeal dismissed Mr DX’s appeal.3 Complaint [16] Mr DX lodged a complaint about Ms SQ with the Lawyers Complaints Service (LCS) on [date]. He sought (a) reimbursement of legal fees incurred by him in defending YX and RX’s proceedings against him, and (b) copies of all information concerning HX’s estate obtained by Ms SQ. (1) Request for information [17] He claimed Ms SQ “conducted legal proceedings” again...