Search Results

1. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...and K H Rogers for Auckland Council Date of Decision: 23 September 2022 Date of Issue: 23 September 2022 DECISION OF THE ENVIRONMENT COURT A: Costs are to lie where they fall. 2 REASONS Introduction [1] On 5 July 2021 Ms Greensmith filed an appeal against an Abatement Notice issued by Auckland Council (the Council) on 22 June 2021. The Abatement Notice1 required that she cease the following: Construction of a boundary fence between 38 Paturoa Road, Titirangi, Auckland a...

2. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...and reasons. Issues [7] The issues to be determined were: 3 1. Did the failures in Ms Dhillon’s duties to her clients amount to a wilful or reckless breach of the rules.1 2. Had the practitioner failed to keep records of client files and documents to the standard required, such as to constitute unsatisfactory conduct?2 3. Did Ms Dhillon breach s 9(1)3 providing regulated services beyond the scope of her employment? Background [8] Ms Dhillon began employment in...

3. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...dissatisfied with an Authority determination to elect to have “the matter” heard by the Court. Subsection (2) requires such an election to be made in the prescribed manner and sets a time limit of 28 days after the Authority’s determination to file such an election. Further detail of the election is required by subs (3). The election must specify the determination or the part of the determination to which the election relates and state whether or not the electing party is s...

4. [2020] NZEnvC 044 Waka Kotahi NZ Transport Agency [pdf, 349 KB]

   ...that the following requirements under section 274 of the RMA be waived: (a) the requirement that a party lodge a signed original and one copy of their section 274 notice with the Court, with the direction instead that section 274 parties can file electronically (via email) a copy of their section 274 notice, which may be signed or unsigned; and (b) the requirement under section 274(2B) that a section 274 party serve a copy of their interested party notice on "all other parti...

5. ENV-W44-Waka-Kotahi-NZ-Transport-v-MWRC-dec-on-waivers-16-April.pdf [pdf, 349 KB]

   ...that the following requirements under section 274 of the RMA be waived: (a) the requirement that a party lodge a signed original and one copy of their section 274 notice with the Court, with the direction instead that section 274 parties can file electronically (via email) a copy of their section 274 notice, which may be signed or unsigned; and (b) the requirement under section 274(2B) that a section 274 party serve a copy of their interested party notice on "all other parti...

6. LCRO 131/2017 GR v [Area] Standards Committee [pdf, 168 KB]

   ...GR’s firm, GR Lawyers (the firm), acted for the five owners of [Address] (the property) on the sale of the property. The owners, were AB and CB (as to ½ share), DH (as to ¼ share), ES (as to 1/8 share) and BN (as to 1/8 share). Conduct of the file was delegated to Mr N (solicitor) and DZ, a legal assistant. [3] DH’s ¼ share was the subject of a notice of claim to an interest pursuant to s 42 of the Property (Relationships) Act 1976 registered in favour of DS. Ms DS was...

7. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...address which he had formerly operated. [6] It is submitted for Mrs Hilford that in these unusual circumstances, there was a short period of approximately a week within which her application for leave and proposed statement of claim were drafted and filed, and that she thus raised the challenge in a timely way once she became aware of the Authority’s determination. Background [7] The present application relates to an investigation meeting which was held on 17 June 2022 and the...

8. Te Manutukutuku Issue 30 [pdf, 8.9 MB]

   ...ignorance within a portion of eligible Maori" not cured by mailouts or written material. But this did not constitute "substantive unfairness." An appeal filed with the Court of Appeal is being heard this month. .:. Tertiary fees claim put on hold A CLAIM TO the Waitangi Tribunal that proposals to increase student fees are prejudicial to Maori has been put on hold until the Government makes final deci­ sions on its tertiary funding policy. Claimants Wiremu Ka...

9. Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) [pdf, 732 KB]

   ...Appellate Court [2001] 1 NZLR 87 at [51]. 156 Waikato Maniapoto MB 90 [46] If Mangatawa do nothing, Asher Block Lot E remains idle or at best, used for grazing. Undoubtedly, the rates on the block will be greater than any potential grazing fees. [47] If Mangatawa wish to develop that land, steps have to be taken. In this case, partition provides a mechanism for the development of a commercial asset – a retirement village – which will, within 10 years, result in $5.5 milli...

10. Carley (INZ) v Kim [2015] NZIACDT 47 (7 May 2015) [pdf, 145 KB]

    ...client communication. [3] Ms Kim did not challenge those allegations. The Tribunal has found the facts on which the allegations rely are established by the material before it, and upheld those grounds of complaint. The complaint [4] The Registrar filed a statement of complaint. Immigration New Zealand is the complainant; and the complaint relates to two clients. Three grounds of complaint arise in respect of one client, and the remaining two relate to the other client. Ms Kim was the...