Search Results

1. [2019] NZEnvC 110 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 1.7 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Submissions: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [2019] NZEnvC l \ 0 of the Resource Management Act 1991 of an appeal pursuant to cl 14 of Schedule 1 to the Act WESTERN BAY OF PLENTY DISTRICT COUNCIL (ENV-2015-AKL-000127) Appellant BAY OF PLENTY REGIONAL COUNCIL Respondent PORT BLAKELY LIMITED, CARRUS CORPORATION LIMITED, TKC HOLDINGS LIMITED, NGA

2. [2009] NZEmpC CC 15/09 The Travel Practice Ltd v Owles [pdf, 27 KB]

   ...to s181(1) of the Employment Relations Act 2000. Section 181 provides: 181 Report in relation to good faith (1) Where the election states that the person making the election is seeking a hearing de novo, the Authority must, if the court so requests, as soon as practicable, submit to the court a written report giving the Authority's assessment of the extent to which the parties involved in the investigation have— (a) facilitated rather than obstructed the Authority's in...

3. Thomas v CAC304 & Anor [2016] NZREADT 17 [pdf, 129 KB]

   ...intentional deception of Mr Lang, but by the same token the possibility of confusion and unwitting error was high. We do not consider that the pasting in of clauses per se is wrong but to deliberately obscure something which has been specifically requested in an agreement, [even if a purchaser was orally advised of this fact] gives rise to a real potential for confusion and for a purchaser to be misled. [18] Mr Lang and his solicitors were adamant that he had been. We cannot test this...

4. Katene-Griffith - Katene Whanau Trust (2017) 47 Te Waipounamu MB 4 (47 TWP 4) [pdf, 290 KB]

   ...trusts, which they have indicated to the Court is their intention, then no beneficiary of the trust will lose their equitable interest in the shares. 9 [20] Moreover, the evidence indicates that Joseph has had a ‘fair inheritance’ in the form of an inter vivos gift of land from Kuini to Joseph in the 1980’s. That land was sold by Joseph in 2016 for $117,000.10 Therefore there is no risk that Joseph will be unreasonably disadvantaged by receiving ‘less than his fair share...

5. Roberts - Te Touwai B19A1 (2017) 162 Taitokerau MB 103 (162 TTK 103) [pdf, 211 KB]

   ...payable and to whom it is to be paid. [2] This decision determines those remaining issues. I also consider whether I should cancel the interim injunction, granted by Judge Spencer on 3 December 2010, as the easement is now in place.2 Further information received [3] On 17 December 2015, Fintan McGlinchey of Northland Valuers was engaged per ss 69(2) and 98 of Te Ture Whenua Māori Act 1993 to prepare a valuation on compensation payable for the easement. That valuation was receiv...

6. Wang v Fu [2017] NZIACDT 24 (28 November 2017) [pdf, 157 KB]

   ...responding to the complaint, Mr Fu dishonestly told the Authority that he had lodged the request for reconsideration in time, and had instructions to withdraw the visitor visa applications. The Registrar’s statement of complaint alleges that neither claim was true. [2.5] Mr Fu took lodgement fees for the reconsideration and later requests for discretionary relief and failed to either pay the money to Immigration New Zealand, or refund the money. [3] Mr Fu disputed the factual al...

7. Reedy - Waitangi A1A2 (2003) 65 Ruatōria MB 168 (65 RUA 168) [pdf, 1.3 MB]

   ...therefore adequately report to the Inland Revenue Department and as a consequence penalties for the late filing of returns may be incurred. No sufficient evidence was produced to this Court to verify this situation. 5. The majority of the Trustees claim in response that Mr Reedy is not a registered accountant and that he was never appointed pursuant to a proper resolution of the Trust and that even if he were, the sum requested for his fee is too high. I agree that as he is not a regist...

8. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...I determined that it was necessary for me to ake an order pursuant to s 315(2) allowing the Council to give effect to the orders 3 3 should the need arise because of the extended history of failure of the Respondents to comply with verbal requests, formal written requests, and an abatement notice seeking their compliance. The Council application [14] The Council seeks an award of the legal costs which it incurred in relation to the enforcement order application totaling $23,5...

9. [2019] NZEnvC 085 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

   ...the Landscape Lines are described as guidelines that are purely indicative. [13] The UCESl's notice of appeal seeks (inter a/ia) the following relief: 4 That the landscape lines shown on the ODP maps are rolled over in their exact current form. That the landscape lines additional to those contained on the ODP maps, shown on the PDP stage 1 maps, are included in the PDP as dotted lines ... with the following attendant text shown on all maps where these dotted lines appear: Bou...

10. Nepia - Ruaohinetu 21 (2019) 84 Tairawhiti MB 283 (84 TRW 283) [pdf, 226 KB]

    ...trustees must keep proper accounts and prepare annual financial statements for each financial year which are to be made available to the beneficial owners at least 14 days before an Annual General Meeting. The applicants seek to add the words “by request to the address for communications for the Trust, or by making the same available through some other electronic means if the trustees think fit.” See clause 8.1(b) of the draft trust order. In my view this is an attempt to contr...