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  1. SNH v New Zealand Law Society [2009] NZLCDT 2 [pdf, 107 KB]

    ...occasion of the appeal Mr H was candid both about his drinking and about the personal circumstances which had caused him stress and led to his financial circumstances becoming so depleted. It is not necessary to go into the detail of those personal matters except to say that by the time the undertaking was entered into in October 2007 Mr H was confident, firstly that his personal circumstances had improved to an extent to where he was not likely to suffer the stresses of frequent t...

  2. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

    ...the effect of not making the order would be on the environment; whether the applicant has given an appropriate undertaking as to damages; whether I should hear from the applicant or any person against whom the orders are sought; and such other matters as I think fit.10 Making an interim order ex parte Although the Council accepted that the Court may wish to hear from the Respondents, it submitted that the interim orders sought need early consideration and could be granted on an e...

  3. [2021] NZEnvC 151 New Plymouth District Council v Bolton [pdf, 243 KB]

    ...challenging the Council’s decision to issue the abatement notice.11 On 6 September 2021, the Respondents’ planner wrote to the Council again stating that the Respondents “do not consider there is much merit in meeting to discuss the compliance matters as our focus is on the land use consent process”.12 To date the abatement notice has not been appealed. The new application for consent On 6 September 2021, the Council received a new consent application on behalf of...

  4. [2023] NZREADT 27 – Sharma v CAC 1901 & Brake (3 October 2023) [pdf, 122 KB]

    BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2023] NZREADT 27 Reference No: READT 049/2019 IN THE MATTER OF Appeals under s 111 of the Real Estate Agents Act 2008 BETWEEN VISHAL and MONISHA SHARMA Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1901) First Respondent AND JULIE ANNE BRAKE and SUCCESS REALTY LTD t/a BAYLEYS ROTORUA Second Respondents Tribunal: D J Plunkett (Chair) C A Sandelin (Deputy Chairperson) G J...

  5. Mio v Daniels - Waipupumahana A No 6 (2025) 335 Waiariki MB 22 (335 WAR 22) [pdf, 242 KB]

    ...personally liable for the decisions made on his own without majority trustee support and any financial commitments associated with those decisions. [7] In opening submissions and during the course of the hearing, the applicant raised a number of matters including issues around the decrease in the value of the farm, failure to 1 334 Waiariki MB 268. 335 Waiariki MB 24 maintain buildings, employing a farm manager without majority trustees approval, loss due to non-sale of...

  6. Garlick v REAA CAC 20003 & Anor [2014] NZREADT 40 [pdf, 61 KB]

    ...issues. [50] The Tribunal treats appeals as hearings de novo (except in some limited cases where they are regarded as an appeal from an appeal from a discretion, see Kacim v Bashir ) [2010] NZSC 112). [51] However it would be a breach of natural justice for the respondent to have to deal with completely new matters not raised in the complaint. However issues can and do become refined or more or less important during the appeal process. In this case the issues which are dealt with...

  7. Tawa v Ataria - Tuaropaki E (2021) 267 Waiariki MB 184 (267 WAR 184) [pdf, 282 KB]

    ...usually attend, and providing sufficient notice to those owners who reside outside of the Taupō district, including Australia and further afield. The trustees’ position was that three weeks was not sufficient time to adequately address these matters. [44] Mrs Tawa gave evidence at the hearing that she considered that the trustees were deliberately avoiding the matter of rotation by not holding an SGM. To the contrary, Ms Rangi’s evidence is that the trustees supported the issu...

  8. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

    ...unbiased outcome which was fair and showed accountability”. The accountability aspect was focused on compliance with the requirements of the Guidelines. [23] The applicant’s supporting reasons for the application included reference to numerous matters including: (a) the use by the Committee of various techniques to benefit the parties complained about; (b) an unwillingness by the Committee to gain access to all sources of relevant information; (c) an assertion that “… th...

  9. McLenachan v ACC [2013] NZACA 11 [pdf, 97 KB]

    BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY AT WELLINGTON [2013] NZACA 11 ACA 10/12 IN THE MATTER of the Accident Compensation Act 1982 AND IN THE MATTER of an appeal pursuant to s 107 of the Act BETWEEN STEPHEN MCLENACHAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARING: at Wellington on 2 May 2013 AUTHORITY: Robyn Bedford COUNSEL: S McLenachan, appellant P McBride for respondent...