Search Results

1. [2017] NZEnvC 210 Doctors Flat Vineyard Ltd and Rubicon Hall Road Ltd v Central Otago District Council [pdf, 1.9 MB]

   ...Council efficiently prosecuted the appeal without undue delay or length, with the hearing only lasting one day. The Council assisted the appellants by having a comprehensive set of draft conditions prepared as part of the original s 42A Report which formed the basis of the draft conditions presented to the court by the appellants in evidence. Section 285 of the Act [23] Section 285 of the Act provides that the Environment Court may order any party to proceedings before it to pay t...

2. [2016] NZSSAA 035 (16 May 2016) [pdf, 45 KB]

   ...circumstance does the Chief Executive have a discretion as to whether or not to treat that person as single. [18] The first issue to be considered is whether or not the appellant and her husband are living apart. In the 21st Century, marriage takes many forms. The position was aptly put this way by Cartwright J in Shannon v Shannon1 In the context of changing social patterns other forms of marriage or relationships are becoming more common. There are marriages where the parties live i...

3. RQ v TS LCRO 178/2012 (23 June 2015) [pdf, 98 KB]

   ...settlement conference to Ms RQ prior to attending the conference.  She was a few minutes late for the conference, but that had no influence or effect on the proceedings or the outcome.  She had provided competent advice to Ms RQ.  Ms RQ had requested numerous amendments to documents.  The settlement agreed at the conference was consistent with Ms RQ’s instructions.  Her view was that tax and accounting issues would need to be addressed on settlement, a view sh...

4. AX v ZA LCRO 113 / 2010 (18 February 2011) [pdf, 117 KB]

   ...with a dealer in the [overseas]. 2 [5] Prior to this, the Applicant had visited New Zealand in May 2005, when he had been introduced by YZ to the Respondent. The Applicant alleges that as a result of statements made at that meeting, he had formed the view that the Respondent was to provide oversight for the operation and represent the mutual interests of the two partners. [6] That view was reinforced by subsequent correspondence dated 31 May 2005 from YZ to the Applicant tha...

5. AP v ZK LCRO 66 / 2010 (16 February 2011) [pdf, 84 KB]

   ...Review application by Practitioner [22] The Practitioner also took the opportunity of seeking a reversal of the Standards Committee decision that he was guilty of unsatisfactory conduct, a finding that he considered to be wrong. The basis for the request was that he considered that the charging clauses in the wills of the Applicant‟s parents authorised the deduction of fees. [23] Although I did not receive a formal application from him, the review process opens an opportunity...

6. 2017 NZSSAA 060 (18 October 2017) [pdf, 114 KB]

   ...medical certificate and cover his immediate food needs. [6] On 21 September 2016 the Remote Client Unit received an email from Mr Ellis stating that the appellant had not made a doctor’s appointment because he was waiting to receive a blank form and in the meantime he had spent all of the arrears paid to him. He again asked for a food grant of $200 and an advance payment to cover the cost of going to his doctor. [7] On 27 September 2016 the Remote Client Unit released benefit ar...

7. National Standards Committee v Denham [2017] NZLCDT 30 [pdf, 180 KB]

   ...relationship and that she has suffered significant financial consequences as a result of her actions, however her inability to at least apologise to the school, the then Chair of the Board, and Board Members is troubling. [21] It is troubling because it forms part of an overall impression of Ms Denham of clinging to her own perception of victimhood in not only her personal relationship but in how the criminal process played out to her disadvantage. [22] When addressing “Lack of in...

8. LCRO 174/2019 SH v NG (19 May 2020) [pdf, 122 KB]

   ...comments were received from him within the allotted timeframe. [16] This review has been undertaken on the papers pursuant to s 206(2) of the Act, which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. The parties’ consent to that process is not a prerequisite. [17] I record that having carefully read the complaint, t...

9. [2019] NZEnvC 146 Awaroa Aerodrome Ltd v Tasman District Council [pdf, 2.1 MB]

   ...remainder of the notice explained why the officer considered usage of the landing strip contravenes, or is likely to contravene, the RMA. This complex explanation, over some three pages, traverses the officer's interpretation of district plan, and former district plan, rules, rights and obligations under a registered easement of right of way, and existing use rights. It explains that this interweaving set of regulatory, contractual and property rights and obligations comes togeth...

10. 2020 NZPSPLA 007 [pdf, 100 KB]

    ...person or legal representative present. This includes both the people who have made the complaint and the people against whom complaints have been made. b) The company may also provide the investigator with relevant evidence and the investigator can request additional information from the employer. c) The respondent and the complainant are provided with the opportunity to review and comment on all the evidence collected by the investigator. d) Both the complainant and respondent a...