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1. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant) [2018] NZHRRT 32 [pdf, 234 KB]

   ...Tribunal Regulations. [19] In the absence of an explicit statutory regime addressing the joinder of parties, we intend adopting, with all necessary modifications, High Court Rules, r 4.56 which provides: 4.56 Striking out and adding parties (1) A Judge may, at any stage of a proceeding, order that— (a) the name of a party be struck out as a plaintiff or defendant because the party was improperly or mistakenly joined; or (b) the name of a person be added as a plaintiff or defenda...

2. LCRO 140/2017 ZS v XD (23 July 2018) [pdf, 107 KB]

   ...of herself as a person or a mother. I have been unable to identify a professional standards issue that arises from that contention. Perception is just that. It is subjective. Views will vary. It is part of the role of a Family 5 Court judge to form a view on where the children’s best interests lay. If Ms ZS’ view is that Ms XD was just not persuasive enough, the evidence that is available on review does not support that proposition. [20] Ms ZS also felt Ms XD did not h...

3. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...with all parties” that appears in rule 6.2 is a broad one. It would be apt in a case where the licensee has not been even-handed in his/her dealings with both sides to a transaction. We consider that whether there has been unfairness is to be judged by reference to its consequences, and not to the intentions of the person whose conduct is under review. 1 s 3 Real Estate Agents Act 2008. [36] “Unfairness” could occur...

4. 2021-04-21 Minute - PC7 - Court questions for conferencing [pdf, 749 KB]

   ...discretionary activity, discretionary and non-complying activity rules proposed by submitters/parties. The draft agenda must be filed within three working days of the expert conference. ______________________________ J E Borthwick Environment Judge Issued: 21 April 2021 Annexure 1 Controlled Activity Rule 10A.3.1 [1] The court is interested in two entry conditions to the controlled activity rule as follows: (iv) Except where (vii) applies, the rate of ta...

5. 2021-04-21 Minute - PC8 - Mediation and Expert Conferencing [pdf, 229 KB]

   ...pm on Friday 9 July 2021. If you do not attend, the court will assume that you agree to abide by the directions made by the court at (or following on from) the conference. ______________________________ J E Borthwick Environment Judge Issued: 21 April 2021 Annexure 1 List of parties Otago Regional Council Balquhidder Farming Ltd Beef and Lamb NZ and Deer Industry NZ Blackstone Hill Ltd Clarkson, Elizabeth Closeburn Station Crutchley...

6. HT v IU [2021] NZDT 1329 (13 April 2021) [pdf, 206 KB]

   ...the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Di...

7. Pompey - Whaanga 1C2B1 (2001) 97 Waikato MB 1 (97 W 1) [pdf, 1.7 MB]

   Walkato Minute Book Volume 97 Folio 1 In the Maori Land Court of New Zealand Waikato Maniapoto District DECISION File: A200l0005803 IN THE MATTER of an application by Ripeka Pompey and Mabel Pompey under Section 18(1 }(d) of Te Ture Whenua Maori Act 1993 against the Trustees of Whaanga lC2B1 Block claiming damages in respect the termination of the tenancy of a house on the block. ApPEARANCES: Background Miss Nape for the Applicants Verna Tuteao as agent for the Tru

8. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   Place: Present: Date: Application No: Subject: Section: Background Gisborne C L Wickliffe F McClutchie, Clerk of the Court 23 October 2001 A20000058577 Estate of Akutini Kereti Henare Wawatai 113& 118/93 DECISION Minute Book: 150 GIS 38 The deceased, Mr Akutini Wawatai died on 25 September 2000 from heart failure. He was 77 years of age. The deceased married Mere Wawatai (nee Babbington) but in 1975 or thereabouts the couple were legally separated. This beca

9. [2019] NZEnvC 091 Jacks Point Residential No. 2 Limited v Queenstown Lakes District Council [pdf, 135 KB]

   ...Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act JACKS POINT RESIDENTIAL NO.2 LIMITED & OTHERS (ENV-2018-CHC-137) Appellants QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 21 May 2019 Date of Issue: 21 May 2019 DECISION ON COSTS A: Under section 285 of the Resource Management Act 1991, I order that Jacks Point Residential No.2 Limit...

10. 2021-04-07 Minute - PC7 - Deemed Permits [pdf, 199 KB]

    ...This is to be done by tomorrow, Thursday 8 April 2021. [36] Leave is granted for any party to seek directions or clarification in relation to matters raised in this Minute. ______________________________ J E Borthwick Environment Judge Issued: 7 April 2021