Search Results

1. Proactive release – Orders in Council: Electoral (Expenditure Limit) Order 2021 [pdf, 840 KB]

   ...Electoral (Expenditure Limit) Order 2021 Date of issue: 30 June 2021 The following documents have been proactively released in accordance with Cabinet Office Circular CO (18) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it....

2. [2019] NZEnvC 124 Haines House Haulage Northland Limited v Whangarei District Council [pdf, 5.7 MB]

   ...decision. The outcome of the Court's interim decision [3] The Court noted at paragraph 28: ... we are concerned at the way in which this application has morphed between the time it was filed and the time of our hearing. These changes show a form of incrementalism in relation to the use of Lot 1 and its eventual incorporation into the activity, notwithstanding that it was never part of the application. And at paragraph 30: We are satisfied that the conflation of Lot 2 DP 356529...

3. [2020] NZEmpC 58 Kennedy v Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 208 KB]

   ...in her employment; and pleadings and evidence, including any briefs of evidence and supporting documents filed by the parties as their intended evidence. (b) A minute of the Authority dated 29 August 2019 declining Ms Kennedy’s request that Ms Kennedy be exempted from attendance at the investigation meeting that was scheduled to hear her claims. [2] This judgment resolves these challenges. Section 179 allows for challenges to determinations [3] Section 179 of...

4. Taku - Torere 64 Inc (2018) 204 Waiariki MB 115 (204 WAR 115) [pdf, 262 KB]

   ...expire on 31 December 2018. [3] This application arises as part of proceedings relating to an earlier application filed by Edward Matchitt for an investigation into the affairs of the Torere 64 Incorporation.1 During those proceedings, the Court requested an explanation as to why the Annual General Meeting (“AGM”) of the Incorporation for 2018 had been postponed. The present application was subsequently filed in response which addresses the reasons for delaying the AGM. Ngā...

5. [2022] NZEnvC 045 Auckland Council v Banora [pdf, 249 KB]

   ...of the amendment sought by the Council. Evaluation [18] Section 321 of the RMA states that: Without limiting section 320(5), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order. 8 Banora v Auckland Council [2019] NZDC 5184. 6 [19] The Council applies under s 321 as a person directly affected by the enforcement order, being the original applicant. [20] Section 314(5) pro...

6. Tapsell - Lot 1 Owhatiura South 5 (2021) 257 Waiariki MB 176 (257 WAR 176) [pdf, 235 KB]

   ...basis of Lot 1 being Māori freehold land. [15] There is no indication that the preferred class of alienees (PCA) have been notified of the application. Per my finding in Yeoward – Ngapuna A25:6 In cases like this, where a change of status is requested, members of the preferred class of alienees must be formally notified of the application and the hearing, and the Court will strictly adhere to this requirement. … Further, an essential question in determining whether a chan...

7. Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) [pdf, 255 KB]

   ...4 Fenwick v Naera [2016] 1 NZLR 354 (SC) 440 Aotea MB 267 appointed, accept the reality that it will be impossible for the homestead to be transferred to her whānau solely. It may prove an unnecessary distraction to persist with that request into the future. [25] In any event, as I have outlined, should this issue arise, Ms Deeley would have to remove herself from the meeting until any points surrounding the homestead’s proposed transfer outside of the trust has been...

8. 2021-12-17 John Cocks - Memo - re Chapter 7 (Landfills) [pdf, 1.1 MB]

   ...Cleanfill with the definition given in Technical Guidelines for Disposal to Landfill (WasteMINZ 2018) (the Guidelines). 4 12. ORC’s indicative position for mediation was that it acknowledges the issues raised by the submitter, but the relief requested goes beyond the relatively narrow scope of PC1. It would be better addressed in the LWRP, which is currently being developed. SCOPE OF PC1 13. Guidance on the scope of PC1 is provided in the ORC fact sheet (see Attachment)...

9. [2021] NZEmpC 150 Ututaonga v North Western Farms Ltd [pdf, 183 KB]

   ...on behalf of Mr Ututaonga describe in detail Mr Ututaonga’s substantive claim. They include serious allegations about North Western Farms, Mr Smith and counsel. Mrs Henare’s submissions conclude that Mrs Henare was unaware that she could request an extension of time for filing a challenge until advised by the Employment Court. The Court considers various matters in such an application [14] Where a person applies for the exercise of the Court’s discretion to extend time f...

10. Nicholas v Official Assignee - Lot 6 Deposited Plan South Auckland 34349 [2021] Maori Appellate Court MB 312 (2021 APPEAL 312) [pdf, 234 KB]

    ...indemnity costs because the appeal lacked merit and realism. His actual costs were $53,223.53, excluding the costs associated with his unsuccessful strike out application. He seeks 80% of those costs, being $42,578.82. [6] In response to our request for submissions on the appropriate costs scale to be applied should we not award indemnity costs, counsel for the Official Assignee submits that the District Court scale would not be appropriate for this matter and that the most approp...