Search Results

1. [2018] NZEnvC 137 Haydan Investments Ltd v Auckland Council [pdf, 5.4 MB]

   ...disposal. Commencement date [6] The inability to specify a commencement date was found to be contrary to s 116(1) of the Act. The Council has accepted that s 116(1) of the Act had been applied incorrectly to the facts . For example, there was no information from the appellant or in the application material to suggest that a later and unspecified commencement date was being sought by the appellant. [7] Therefore, the default position applies, specifically that the consent will co...

2. JZ v [Place] Standards Committee [X] LCRO 123/2014 (16 December 2016) [pdf, 217 KB]

   ...of the Regulation itself, read in the context of the Regulations as a whole, against empowering provisions in the Lawyers and Conveyancers Act 2006. The Committee reads contributory security, as it appears in Regulation 39(1), to be restricted to forms of secured loan, viz mortgage of land, charge or other security interest identified by Regulation 3. A common feature of all the forms of contributory security, given in the definition Regulation involve a form of security interest, char...

3. Koia - Wharekahika A13 - Potaka Marae (2006) 75 Ruatoria MB 155 (75 RUA 155) [pdf, 703 KB]

   ...granted. Mr Koia then filed a memorandum dated 28 July 2006 ("the July memorandum") essentially disagreeing with my decision and asking me to reconsider. The Registrar refused to accept the memorandum on the basis that it was not in proper form, and that if Mr Koia wished to challenge my decision he would need to do so by way of an application for re­ hearing or by appeal. Mr Koia then applied on 8 August 2006 for directions of the Court that the Registrar had no power to...

4. [2020] NZEnvC 063 Wairakei Pastoral Limited [pdf, 212 KB]

   ...service of the notice of WRC’s decision under clause 11 of Schedule 1 of the RMA. (b) Service of Notices of Appeal (i) A waiver in favour of appellants of the usual requirement in clause 14(5) of Schedule 1 of the RMA, regulations 5 and 7 and Form 7 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 to serve a copy of the notice of appeal on every person who 1 Auckland / Waikato & Eastern Region Fish & Gam...

5. [2018] NZEmpC 150 Molenaar v Rigg Stuff Ltd [pdf, 370 KB]

   ...sparsely stated. Those details are confined to paragraph [55] pleading that, on 11 April 2017, she received an email terminating her employment by reason of redundancy with effect from 19 May 2017. [18] Rigg Stuff’s application listed nine requests where further and better particulars about this pleading as follows: 1. … i. When the plaintiff claims her employment came to an end; ii. The date upon which the grievance was raised; iii. The identity of the person who rais...

6. Ratana v Tihi - Ruatoki B Section 23 and others [2021] Maori Appellate Court MB 290 (2021 APPEAL 290) [pdf, 240 KB]

   ...transition from a fixture to a chattel. [13] Elitestone concerned a bungalow which rested on concrete foundation blocks in the ground. The bungalow was not physically attached to the land. The House of Lords had to determine whether the house had formed part of the land. [14] Traditionally, the test for whether a chattel had become part of the land was expressed as whether it was a fixture. In Elitestone, the House of Lords moved away from this formulation of the test. They to...

7. [2023] NZEmpC 102 van Kleef v Alliance Group Ltd [pdf, 273 KB]

   ...disclosure; the second is an application for dismissal for want of prosecution brought by Alliance Group Ltd (Alliance). Both applications have been on foot for some time. Common to each has been a problem of extensive delay in advancing disclosure requests as raised by Ms van Kleef. What this case is about [2] Before turning to the particular issues, it is necessary to repeat what I said about the background of this case in my first interlocutory judgment. [3] The proceedings a...

8. Guide-for-making-an-appeal-to-the-Taxation-and-Charities-Review-Authority.pdf [pdf, 330 KB]

   ...on the part of a charitable entity – section 26(ba) o an application by an entity for approval to change its annual return balance date section 41(5)(b) o an application by an entity to grant, vary, or revoke and exemption – section 43 o a request by an entity to treat the entity and 1 or more affiliated or closely related entities as forming part of a single entity – section 44(1) o give a warning notice to a charitable entity or person – section 54(2) • Decisions made b...

9. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...not including Immigration NZ’s application fee). The complainant paid $2,875 on 2 June 2021 and an additional $1,600 on about 22 August 2021. 1 El-Hawat [2015] NZIPT 502097. 3 [7] Ms Murthy set about compiling the application. She requested the client’s file from Immigration NZ, sought documentation from the complainant and/or the client and met twice with the complainant. The application was filed on 28 July 2021. Additional supporting documents were uploaded into...

10. Karaitiana v Seagar - Wharetoto 9 Part (2025) 509 Aotea MB 11 (509 AOT 11) [pdf, 240 KB]

    ...lease came to be and its terms.3 I received that report on 8 October 2024, (the Harvey report). The newly appointed trustees responded to the Harvey report on 23 October 2024. In the context of addressing other Trust applications, and several requests by Tokoahu and Harvey to adjourn proceedings, I finally set the matter down to hear from the parties about the status of the lease at Turangi on 6 May 2025 (the hearing). This hearing set down alongside the application to remove Ha...