Search Results

1. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   ...encourages public participation for notified applications and the fact that a submitter was unsuccessful at first instance should not unduly discourage testing the appropriateness of the Council's decision;14 (b) public interest factors formed the basis of OPS's case, as identified in its expert evidence. The primary argument related to whether the proposed dwelling would result in adverse effects to ONL values, as matters of national importance under s6(b) RMA and the r...

2. LCRO 20/2016 LC and CM v JP - Orders (5 April 2019) [pdf, 201 KB]

   ...been changed. Introduction [1] Subject to the making of orders pursuant to ss 156 and 219 of the Lawyers and Conveyancers Act 2006 (the Act), this review was determined on 11 March 2019 on the basis that Mr JP’s failure to seek or obtain informed consent from Ms CM authorising the early release of the deposit is unsatisfactory conduct pursuant to s 12(a) of the Act.1 Having received the parties’ submissions, this decision addresses the consequential and costs orders that fo...

3. Proactive release - Order in Council: Electoral (Expenditure Limit) Order 2019 [pdf, 691 KB]

   ...Electoral (Expenditure Limit) Order 2019 Date of issue: 1 July 2019 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....

4. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

   ...a boundary adjustment in September 2019 as part of a land swap agreement with the Council to create a walkway from Ronaldsay Street to District Road. Condition 10 requires that the existing occupied building on Lot 2 be vacated, returned to its former use and not used for residential purposes prior to certification under s224(c) of the RMA.4 [5] The applicant and first respondent appear to have a history of run-ins, as traversed in the affidavit evidence, with trespass and harassmen...

5. Timutimu v Ruwhiu - Waiohau C Section 22 (2020) 246 Waiariki MB 276 (246 WAR 276) [pdf, 218 KB]

   ...the trust funds were intact. She acknowledged that while it was not ideal that the rental proceeds were being held in her personal account, she claimed the reason for this was that the trust had been, effectively, too dysfunctional to attend to formalities like establishing a bank account. [10] In addition, Ms Ruwhiu submitted that there had been no malicious intent in any of the actions she had undertaken and that because of various challenges the trustees simply had not been ab...

6. Waitangi Tribunal COVID-19 Level 2 Protocol (15 February 2021) [pdf, 152 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...

7. [2020] NZEnvC 148 Donaldson v Queenstown Lakes District Council [pdf, 1.6 MB]

   ...s27 4 notice and accompanying application for waiver of time seeking to join a number of appeals1 in relation to Stage 2 of the Queenstown Lakes District Council's partial review of its district plan ('PDP'). [2] The Society was formed in 2008 with an aim to protect and enhance the water quality in Lake Hayes. While already a s274 party to one PDP appeal,2 the Society has since decided to focus on any other appeals seeking to change zoning to allow increased residen...

8. Auckland Standards Committee 1 v Ravelich [2020] NZLCDT 22 (16 July 2020) [pdf, 112 KB]

   ...Finally, the penalty hearing was held on 2 June 2020. Penalty Hearing [2] Because of the background to the two sets of charges, and because Mr Ravelich’s previous offending had a connection with his alcoholism, the Tribunal sought further information from Mr Ravelich, on oath, at the penalty hearing. In particular we wished to know what sort of plan Mr Ravelich had for managing his addiction. This was prompted by the need to understand the disconnect between the information...

9. Peihopa v Peihopa - Kaikou H [2021] Maori Appellate Court MB 180 (2021 APPEAL 180) [pdf, 234 KB]

   ...associated with the appellant having to vacate the block, it is of his own doing. He was provided with multiple opportunities to pay a reasonable amount to reside on the block. He refused to do so and challenged the authority of the trustees to even request it. (b) The trustees followed due process. They have done everything by the book, including giving the appellant two opportunities to pay rent to remain on the block. It was his choice to refuse to make payment. (c) The app...

10. Auckland Standards Committee 5 v Hong [2019] NZLCDT 40 [pdf, 129 KB]

    ...contravention of the trust accounting regulations where Mr Hong was generally obstructive in preventing a trust account inspector from completing his trust account review. Mr Hong’s obstructions comprised: (a) refusing the inspector’s repeated request for access to trust accounting records; (b) refusal to allow the inspector to visit his offices to review the complete files; and (c) persistent refusal to allow the inspector access to client files. [2] The result of those...