Search Results

1. [2020] NZIACDT 14 - Singh v Ryan - Sanctions (27 February 2020) [pdf, 123 KB]

   ...Ryan’s wrongdoing. Mr Singh his claimed $147,500, of which some items are in the nature of refunds and are considered above. I have already observed that the arithmetic is inaccurate. Few of the items are supported by documentary evidence, as requested by the Tribunal, and many of the figures in those documents do not correspond with the figures used by Mr Singh in his claim.9 [48] One of the items claimed is for the repayments in salary said to have been made to Mr Ryan. Acco...

2. L & G Douglas v CAC416 & T & N Hoefhamer [2019] NZREADT 31 (1 August 2019) [pdf, 340 KB]

   ...the licensees is that it is not clear to what part of their conduct it applies. There is a lack of precision in the record of the context in which the comments were made as recorded by the investigator. It would appear that the licensees had formed the view that this particular type of warehouse/residential development could be used in its entirety for residential purposes. It is apparently this understanding on the part of the licensees which they accept was a misunderstanding....

3. Calculating the costs and revenues of the alcohol licensing system - October-2018 [pdf, 334 KB]

   ...influence licence decision-making by the DLC Development of bylaws for alcohol licensing fees Development of bylaws for liquor bans General harm reduction activities carried out by the TA Local Government Official Information and Meetings Act 1987 requests 9 Calculating personnel costs We have identified two potential approaches to calculating the staff and employee related costs of alcohol licensing, where staff time needs to be estimated. We recommend these appro...

4. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...104–105. 4 [13] Although lawyers acting on immigration matters are not subject to the jurisdiction of the Immigration Advisers Authority, the Code of Conduct of that Authority specifically states that a licensed immigration adviser must:4 when requested or required, return passports and other personal documents to the client without delay and in a secure manner. [14] Given that this requirement is contained in a Code of Conduct, it is an indication that that section of societ...

5. Sexual Violence Legislation Bill [pdf, 154 KB]

   ...30. Clause 22 of the Bill replaces s 22A of the Victims’ Rights Act. The new provision lists the alternative ways in which all or part of a victim impact statement may be presented to the court at sentencing (if the victim, via the prosecutor, requests an alternative manner). The Judge retains a discretion to control this process and we consider it is consistent with the Bill of Rights Act. Power to clear the court when victim impact statement presented 31. Clause 28 inserts s 199A...

6. [2019] NZREADT 50 - Hu v CAC 416 & Yeung (14 November 2019) [pdf, 220 KB]

   ...2 Unless there were exceptional circumstances justifying the admission of new evidence which would not apply in this case. [21] To accede to the request of the Appellant would involve an order permitting the additional evidence to be considered by the Tribunal. Such an order is required because there is no entitlement as of right to put forward additional evidence on the appeal which

7. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   ...of further adverse effects.13 It is reasonably well settled that an undertaking as to damages may not be necessary in a situation where the applicant is:14 (a) Protecting public, rather than private, interests; (b) A consent authority is performing a regulatory role; or (c) Unquestionably financially capable of meeting any award of damages. I find that all three of the above grounds are applicable in this case, and the Council is not required to provide an undertaking as to da...

8. 2021-07-05 DOC - Closing Submissions [pdf, 303 KB]

   ...presence of priorities has shaped historic use patterns by imposing a default allocation of water between users and thereby providing an incidental environmental benefit by retaining water instream longer. 10. Even where priorities have not been formally exercised, their presence6 has shaped existing patterns of use through the knowledge that they can be called upon in situations of insufficient flows.7 In response to this water users have come up with various informal (and in some...

9. [2021] NZEnvC 092 Kombi Properties Limited v Auckland Council [pdf, 318 KB]

   ...in briefing independent witnesses.6 In addition, had these officers not spent their time on matters relating to the appeal, their time could have been spent on other work for which their time could have been charged. Kombi reply [8] Kombi requests costs lie where they fall. They submit: (a) there are no exceptional circumstances in this case which would make it fairer to depart from the “general practice” that the court does not award costs to the successful party;7...

10. Broughton - Kahurangi Trust (2021) 434 Aotea MB 131 (434 AOT 131) [pdf, 262 KB]

    ...the trust beneficiaries and that they possess the relevant knowledge and experience for the role.18 [30] In short, if the trustees had intended that there be changes to the trustee membership, then they should have sought urgent directions and requested a special fixture so that, if it was the will of the owners, and with the agreement of the other trustees, a smaller group of three could act on an interim basis to bring some stability and certainty to the trust and its activities...