Search Results

1. Cooper v Cooper - Motatau 2 Section 22D (2015) 118 Taitokerau MB 184 (118 TTK 184) [pdf, 182 KB]

   ...to use the land, pending determination of the succession application. [3] The issue for determination is whether an interim injunction should be granted. [4] As with all oral decisions I reserve the right to amend this decision but only as to form not as to substance and not to change the outcome of the decision that I am about to make. Background [5] Motatau 2 Section 22D (“the block”) is Māori freehold land approximately 21.524 hectares in size. The block currently has t...

2. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...ownership. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT 1990 Section 14 – Freedom of Expression Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. [2] We note, taking into account the various domestic...

3. BORA Employment Relations Amendment Bill [pdf, 269 KB]

   ...c. require employers to provide the applicable collective agreement, union contact details and the option to join the union at the same time they provide an intended individual employment agreement to an employee, and to provide certain specified information about the role and function of the union to new employees d. introduce an ‘adverse treatment’ personal grievance based on an employee’s union membership, and extend the grounds for discrimination to include an employee’s...

4. Official Assignee v IL LCRO 197/15 (24 May 2016) [pdf, 56 KB]

   ...relates to advice provided to Mr SA as to his ability as a bankrupt to act as executor in the estate, and advice relating to Mr SA renouncing his beneficial interest in the estate. [6] The Official Assignee also complains about Mr IL’s conduct when requested by the Assignee to provide his files and other documentation relating to Mr SA. Review [7] This review has been completed on the basis of the material before me with the consent of the parties. Was Mr IL acting as a lawyer?...

5. Pihama - Akuaku A12 (2016) 57 Tairawhiti MB 200 (57 TRW 200) [pdf, 205 KB]

   ...matrix which I have worked out what her shares are equal to in area, value and percentage of block: 57 Tairawhiti MB 203 Rangi’s Shares Percentage of Block Area Value of Area 785.00000 11% 0.4669 hectares $5944.00 EVIDENCE AND INFORMATION GATHERED The applicant states that she has consulted the owners by mail and phone she has had 7 of the 8 owners send back written consent which results in the following matrix: Share total Consented Shares Percentage Land...

6. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...to her to have her application dealt with – either by way of a Student Allowance Review Panel hearing or by the Secretary on the papers. The appellant indicated that she wanted the case dealt with by way of a hearing. She was accordingly sent a request to provide the necessary waiver to permit a NZUSA representative to attend the hearing. She declined to sign this waiver describing it as unlawful and unprofessional and indicating that she objected to being asked to sign it under dure...

7. [2021] NZEnvC 008 Wairoa District Council [pdf, 317 KB]

   ...Date of Issue: 16 February 2021 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: The decision to stop a portion of unformed legal road, comprised of 5.61ha (Section 1 SO 521747) and 0.0019ha (Section 2 SO 521747) (5.6119ha in total) at Blue Bay, Ōpoutama is confirmed. A plan of the road to be stopped is annexed to this decision as Annexure A. 2...

8. Dotcom v Crown Law Office (AVL) [2017] NZHRRT 13 [pdf, 229 KB]

   ...located. [11.4] No demonstrable prejudice would accrue to the defendants but the potential impact of Mr Dotcom of not being able to give evidence by AVL would be significant and could not be offset other than by way of an adjournment. [11.5] The request for Mr Dotcom to appear by AVL was intended to avoid adjournment of the Tribunal proceedings. The defendants’ further reply [12] By memorandum dated 10 April 2017 Crown Counsel advised that the accelerated timeframe within whic...

9. Ngati Makino Heritage Trust and Ngati Ranginui Incorporated Submissions [pdf, 256 KB]

   ...relevant to assessing the cultural landscapes that they 6 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [2014] NZENVC 125 at para [49] 6 comprise. This creates an imperative to avoid significant impacts upon the biodiversity that informs the cultural landscapes which in turn are part of the Natural Character that must be preserved. Managing Access vs Managing Activities 30. There has been some discussion within this hearing about the potential for creating exclusion...

10. [2022] NZEnvC 126 Guthrie v Queenstown lakes District Council [pdf, 239 KB]

    ...that costs should lie where they fall in this proceeding. Their reasons are as follows:6 (a) none of the usual principles as set out in the Environment Court’s Practice Note regarding costs apply to this case; (b) the fact the appellants requested not to have the appeal referred to mediation, and the Court granted this request, should not be held against them in terms of a costs award; (c) while the appellants were unsuccessful at first instance and on appeal, this does not...