Search Results

1. [2023] NZEnvC 225 The Olive Leaf Centre Trust v Queenstown Lakes District Council [pdf, 581 KB]

   ...plant/machinery storage. [4] The proposal includes landscaping around the primary building, adjacent to the scheduled item of St Patrick’s Church (‘the Church’), requiring excavation of the ground between, landscaping of the site margin, and the formation of gates and walls.6 [5] The primary purpose of the proposal is for activities associated with the Church. Secondary uses proposed include to operate it as an event facility for a range of non-church related, multi-funct...

2. Legal aid for civil family disputes [pdf, 845 KB]

   Legal aid for civil & family disputes Information about applying for civil & family disputes legal aid If you have any problems meeting your arrangements, contact the Debt Management Group on 0800 600 090 as soon as possible. Your repayment plan may be changed, or in some cases the Commissioner may decide to write off some or all of your legal aid debt or the interest component, if you can’t repay it. If you do not repay or sort out your legal aid debt with the Debt M

3. Legal aid review of criminal legal aid fixed fees - 2013 [pdf, 627 KB]

   ...to legal aid when the Duty Lawyer could address them on the day. An updated operational policy for Duty Lawyers will be uploaded to our website by 1 April 2015. We will advise you closer to the time where this can be found. 4. Letters and forms Providers have raised a number of issues about the material contained in letters from grants officers to providers, and about forms. a. Specific letters that are being queried by providers are those that provide – o advice to cli...

4. Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) [pdf, 187 KB]

   ...the trust employs an accountant at significant cost who participates in decisions even though he is not a trustee. [13] In addition, she argued that the grants for 2016 were the sole responsibility of the accountant who changed the application forms outside of a trust meeting and dispersed the forms to the applicants and received them at his home. Because she thought the accountant was unwell she took the applications with her to review them. Sandra Matenga claims that she then dis...

5. Raumati - Urenui Pā (2019) 394 Aotea MB 272 (394 AOT 272) [pdf, 293 KB]

   ...gazette notice was issued it did not refer to “the Ngāti Mutunga tribe” and instead made reference to “the common use of the owners” and as a “village and meeting place” not for the “use and occupation” of the iwi as originally requested.2 [2] The gazette notice is clearly in error with the Court recommendation which itself was based on the request of the owners in 1932. On 28 August 2017, an interim judgment was issued setting out the background to this applicat...

6. [2021] NZEnvC 024 Claydon v Far North District Council [pdf, 477 KB]

   ...considered on its merits. Is there an abatement notice under s 325 RMA? [19J There is a dispute as to whether FNDC's officer has issued an abatement notice and therefore whether there is a foundation for the appeal. [20] On a plain reading, the form used is intended to be an inspection notice form. It is titled "Inspection Notice" and has fields for the required information as set out in section 332(4) RMA. The notice also sets out that inspection was carried out pu...

7. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

   ...witness to the conversation, HT’s account is accepted as the best evidence of what was discussed. 7. The terms of a contract are generally determined by agreement at the time of the contract. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this situation, it was understood that the detail of the cover would be contained in the policy document, but the basic contract was already formed before the document was received. I...

8. UC and NT Family Trust v TT Ltd [2020] NZDT 1497 (11 August 2020) [pdf, 137 KB]

   ...therefore would have made a windfall. 6. KC says they had a settlement and referred to email exchanges between UC and TT Ltd. I have considered the email exchanges and find that there was a settlement. Settlement agreements do not need to be formal. In particular the email from TT Ltd to UC dated 30 April 2020 saying they accept the abatement amounts offered being; 0% for Outgoings at all Alert levels 60% for days in Alert level 4 $115.70 + GST per day 15% for days in Alert level...

9. s280 Application for variation, suspension or cancellation of licence [docx, 62 KB]

   ...as to be obnoxious to neighbouring residents or to the public; and provide details of the allegation: 10. Negative Holding 1. The licensee has a relevant prior negative holding ☐ Yes, please provide details below ☐ No 2. Other information that may assist the Authority: 3. ☐ This application, if proven, could result in a negative holding pursuant to section Choose an item. of the Act. 4. ☐ No Negative Holding is possible from this application. Dated at: (p...

10. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

    ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...