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1. Matchitt v Butler - Matangareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) [pdf, 313 KB]

   ...local companies and a further form of value is the recognition of the lands special significance to its owners and the employment opportunities on the land. [23] Mr Bidois submits that, in regards to independent advice, the trustees received two forms of advice prior to entering the contracts. The first was procedural advice from East Brewster Solicitor in regards to cl 4 of the Trust order managing conflicts of interest, the second was in the form of financial projections. Mr Bid...

2. Infringement governance guidelines [pdf, 84 KB]

   ...challenged by the defendant. 8. As the imposition and enforcement of a penalty through an infringement offence notice involves a transfer of a traditional judicial function to the executive branch of government, it is important that any individual can request that the Court review or reduce the penalty. The legal framework 9. The legal framework for an infringement offence scheme is provided in three parts. a. Primary legislation specific to the subject matter; b. Re...

3. [2016] NZSSAA 026 (11 April 2016) [pdf, 50 KB]

   ...her father she was not going to return. Her father contacted CYF and, as a result, XXXX was uplifted from the appellant’s care and placed with a CYF caregiver. This occurred on 30 January 2012. The appellant did not contact the Ministry and inform them that XXXX had left her care until 29 May 2012. [9] The appellant said that prior to XXXX’s birth she was on Sickness Benefit for a period. She had been specifically told by Ministry staff that she could go onto a Domestic Purposes...

4. ENV-2016-AKL-000272 J Mawson v Auckland Transport [pdf, 1.1 MB]

   ...one of the persons described in section 274(1) of the RMA. 2. To become a party to the appeal, you must, within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003) with the Environment Court by email (to unitaryplan.ecappeals@justice.govt.nz) and serve copies of your notice by email on the Auckland Council (to unitarvplan@a...

5. [2019] NZEnvC 005 The New Zealand Heavy Haulage Association Incorporated (Huose Movers Section) v South Tarnakai District Council [pdf, 1.4 MB]

   ...issues that required attention. We asked the Council to provide a revised draft of the provisions. [2] The Council provided revised draft provisions, and has updated the provisions to: • Provide for the advice note for partial refunds of performance bonds to be part of the rule; • Provide for the two types of bonds (cash bonds or bank (third party) bonds); and • Make associated mechanical changes to ensure the provisions are workable in light of these changes. [3] The...

6. Cookson-Ua v Cookson-Ua - Succession to Te Waharoa Cookson Ua (2020) 64 Te Waipounamu MB 2 (64 TWP 2) [pdf, 264 KB]

   ...rehearing application was first set-down on 7 May 2019 and the Court heard from the applicants. The hearing was adjourned to the July 2019 sitting for the respondents to give their evidence2 but was later adjourned to August 2019 at the applicant’s request.3 In August, the matter was adjourned to September 2019 to allow the respondents a further opportunity to respond in writing to reply submissions made by the applicant.4 [10] The final hearing was held at Christchurch on 10 Sept...

7. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [pdf, 176 KB]

   ...Shadforth duly provided an affidavit sworn on 7 September 2017. In that affidavit, she withdraws all aspects of the complaint relating to client B. Client A is identified as UQG, a former client of both MBL and Ms Shadforth. [24] Ms Shadforth requests the Tribunal to obtain a full copy of the file from the Authority. I decline to do so. For the reasons given in the assessment which follows, the complaint does not warrant any fuller investigation. [25] The Registrar’s investiga...

8. [2021] NZACC 68 - Robinson v ACC (27 April 2021) [pdf, 223 KB]

   ...[6] On 28 December 2017, the Corporation asked Mr Robinson if he had a preferred physiotherapy provider for the supervised resistance and strength programme. [7] On 17 January 2018, in the absence of a reply, the Corporation repeated its request. Mr Robinson then requested that the programme be completed through his osteopath, Adrian Turner. On 18 January 2018, the Corporation advised that this was not possible as Mr Turner was not approved by the Corporation to provide the...

9. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [pdf, 228 KB]

   ...failed to reply to a letter from Immigration NZ, so the student visa application was declined on 20 August 2019. The complainant, now unlawfully in New Zealand, was not informed of the decline. Instead, Ms Khetarpal told her that the agency had requested further information about their funds. [7] Ms Khetarpal then prepared a statement in English for the complainant’s husband falsely stating that an offer of place at a tertiary institution had been given to Immigration NZ. H...

10. 2023-05-22-Form-33-Prouse-Trust-K-S-Prouse.pdf [pdf, 429 KB]

    Form 33 Notice of person's wish to be party to proceedings Section 274, Resource Management Act 1991 • To the Registrar • Environment Court • At Wellington, We, Karen and Stephen Prouse, and the Prouse Trust Partnership wish to be a party to the following proceedings: ENV-2023-WLG-000005 Waka Kotahi New Zealand Transport Agency Topic(s): DR: DR: resource consents and notices of requirement for Otaki to north of Levin state highway project Weare- • a person who h...