Search Results

1. [2017] NZEnvC 128 Irvine v Tasman District Council [pdf, 470 KB]

   ...REASONS Introduction [1] On 27 July 2017 two of the objectors, S M Irving and M A K Stuart, jointly applied for discovery of documents from the Tasman District Council. The application, made under s 278(2) of the Resource Management Act 1991, requests discovery of the following documents: (a) all documents outlining the financial setup of the Council Controlled Organisation ("CCO") (if any) which is proposed to be the owner of the dam; (b) details of documents outlin...

2. Tahuparae - Ngapakihi 1T (2008) 198 Aotea MB 201 (198 AOT 201) [pdf, 230 KB]

   ...made extensive submissions citing the relevant authorities from this and the Maori Appellate Court. His principal argument was that the land can be managed or utilised more effectively as General land because: (a) the land is landlocked with no formal access except through adjacent farmland, presumably owned by the Bouskills; (b) the land is not currently utilised at all due to its size, location, lack of access and absence of topsoil which prevents any substantial pasture growing o...

3. [2017] NZEmpC 111 Sawyer v Vice Chancellor, Victoria University of Wellington [pdf, 98 KB]

   ...to order a stay of proceedings under the decision or order to which the application relates. (3) An order under subclause (1) or subclause (2)— (a) may relate to the whole or part of a determination or decision or order, or to a particular form of execution; and (b) may be made subject to such conditions, including conditions as to the giving of security, as the Authority or the court thinks fit to impose. [21] It is axiomatic that before the Court can consider a stay under...

4. McGregor v Central Hawkes Bay District Council - Te Paerahi 1D2 and 1D3E (2007) 190 Napier MB 58 (190 NA 58) [pdf, 207 KB]

   ...amounts of compensation payable to the Maori landowners in the context of the Council's initial application. Mr Mollison made two assessments. The first as directed by the Comt at 174 Napier MB 226 as compensation for the lease; and the second requested him to limit his assessment to past use and enjoyment of the land directed at 183 Napier MB 16. Given that this application is for compensation, my focus is limited to the second assessment, using the first only as context. 59...

5. LCRO 132/2018 PY v SD (15 February 2019) [pdf, 106 KB]

   ...others, a fact which is reinforced when the rule specifically refers to “self-represented persons”. 8 Duncan Webb “Are Lawyers Regulatable?” (2008) 45(5) Alta L Rev 233 at 253. Mr Webb was a former professor of law at Canterbury University and co-author of the text Ethics, Professional Responsibility and the Lawyer; Letter of complaint, above n 1, at [21]. 9 At [22]. 10 PY v SD LCRO 217/2017 (26 March 2018). 11 At [34]. 5...

6. LCRO 133/2018 RN v TL (15 April 2019) [pdf, 101 KB]

   ...(including GST) for the services she provided to him. [7] Mr RN’s complaint was directed through the NZLS Early Intervention Process. Ms TL was offered the opportunity to respond, and chose not to, having been advised that the Committee had formed a preliminary view of Mr RN’s complaint and was unlikely to take further action. [8] The Committee concluded its process without substantive input from Ms TL but with reference to the letter she had sent to Mr RN, dated 13 April 201...

7. [2018] NZEnvC 234 Spark New Zealand Trading Limited [pdf, 252 KB]

   ...fall. REASONS Introduction [1] On application for declaration before this Court, we concluded that the property arrangements in question before the Court constituted a subdivision within the meaning of s 218 of the Act. The Court, at the request of both parties, reserved the question of costs pending the outcome of appeals from that decision. [2] The declaration of the Environment Court was overturned in the High Court, and that view was supported on appeal to the Court of App...

8. Auckland Standards Committee 2 v Nguy [2021] NZLCDT 4 [pdf, 161 KB]

   ...million), failure to honour an undertaking in respect of those funds, and a pattern of untruthful statements. This interim application, in our view, required prompt consideration. [4] This case concerns the financial interests of the complainant (a former client), other clients whose funds might be at risk and most importantly the interests of the public [s 245(2)(a)] which arise from Mr Nguy’s unauthorised application of funds in his trust account and his related course of disho...

9. Waitangi Tribunal COVID-19 Level 2 protocol (3 September 2020) [pdf, 149 KB]

   ...the restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers...

10. Waitangi Tribunal COVID-19 Level 2 Protocol (3 September 2020) [pdf, 149 KB]

    ...the restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers...