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...Auckland In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87GF requesting the granting of resource consents To Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in...
...Complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Mr Hakaoro (Uatahausi v Hakaoro [2015] NZIACDT 32; see www.justice.govt.nz). [2] Mr Hakaoro accepted instructions to assist the complainants with a request for a visa; they wished to remain in New Zealand after their temporary permits expired: [2.1] Immigration New Zealand identified why the complainants could not remain in New Zealand beyond the 9 months allowed. Mr Hakaoro told them they...
...is administered by an ahu whenua trust established on 22 September 1989. 2 The original trustees were Harold Aramoana, George Aramoana and Tom O ‘Riley. The current trustees are George Aramoana and Harold Aramoana. 3 [5] From the title information it is evident that between 1989 and 2000, numerous tripartite deeds were entered into between the trustees, Housing New Zealand and owners and their whānau to build dwellings on individual allotments that had been created. Applica...
...1 [2012] NZERA Auckland 110. submissions in an attempt to ensure that the merits of Mr Fifield’s case were put before the Court. [3] I am grateful to Ms Dew for having undertaken this task at the request of the Court and am satisfied, having heard from her, that everything that might be said in favour of Mr Fifield’s case has been put before the Court. [4] The hearings were conducted by telephone conference call. Not only because
...judgment in Just Hotel Ltd v Jesudhass, 4 the advocate submits that the offers made simply “without prejudice” are inadmissible. [15] I interpret the “without prejudice” label attached to the offers as being one intended to be in the fuller form of “without prejudice except as costs” and not simply what would be the unusual and largely meaningless literal “without prejudice”. The offers were made not only in an attempt to settle the proceedings but also, as in mo...
...Authority that does not, of itself, amount to an abuse of process in terms of pursuing such a claim on a de novo challenge in this Court. The offer of payment for the six month's work was a matter before the Authority and can be pursued in a re-formulated claim in the Court. [10] In Bourne v Real Journeys Limited 3 Judge Couch referred to an earlier judgment of the full Court and held that the Court could hear and decide matters which were not actually determined by the Author...
...under which the Māori Land Court may issue such a stay in relation to an appeal against final orders to the Māori Appellate Court. Notwithstanding I am required to consider whether the Māori Land Court has the jurisdiction to grant a stay as requested. [11] It has been recognised in the High Court has the power under its inherent jurisdiction to grant a stay of execution, in addition to its statutory authority to grant such a stay prescribed by the High Court Rules (Pinson v Pin...
...in a straight line towards the south east following the existing fenceline rather than running at a slight angle further to the south as depicted on ML 432168. [9] Second, Mr Mane complained that ML 432168 did not depict the “notch” that forms part of Waihou A8C1B1. That is an area of approximately 700m² that lies immediately west of the Waipapa river, north of Rahiri Road and adjoining Waihou A8C1B2B2 and A8C1B2B4. [10] I was unable to resolve these two matters in Court and...
...1 Davis v Commissioner of Police ERA Auckland, AA 313/10, 5 July 2010. 2 Davis v Commissioner of Police [2013] NZERA Christchurch 134. 3 Davis v Commissioner of Police [2014] NZEmpC 152. 4 ARC 88/10. e) dealing with numerous requests for information or disclosure by or on behalf of the plaintiff; f) settlement initiatives; g) dealing with the late application for adjournment by Mr Davis. [5] In addition to the costs now claimed, the Commissioner also seeks...
...estate, or interest any such land or in the proceeds of the alienation of any such right, title, estate or interest” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using equitable jurisdiction under the above provisio...