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...to comply with the Intervention Rule which Ms GB frankly admits. 11 Above n1, Rule 14.2(e). 7 [37] In the circumstances, it would not be an efficient use of the Standards Committee’s resources to refer the matter back, rather than conduct the review to its logical conclusion. Breach of Rule 14.4 [38] Ms GB’s breach of the Intervention Rule does not approach misconduct, but is clearly a breach of Rule 14, which is a p...
...application to this Court is misconceived. What is an appropriate quantum? [19] As foreshadowed, we consider it just in all the circumstances that an award of costs be made. It should reflect, at least in part, what TRAION has dedicated in terms of resources to the appeal process and the degree of its success. We further note that these proceedings involved counsel and were comprehensively pursued and contested, in a manner akin to civil litigation. In assessing the level of...
...[24] At the hearing Mr Houghton stated that he did not have the appropriate qualifications or trade skills to take responsibility for the remediation of the Austins’ roof and that the design and detailing of remedial work was beyond the resources of himself and Ikotec. 7 [25] Mr Houghton’s acceptance of a number of phone calls from Mr Austin between 2001 and 2004 does not create the requisite proximity. Neither does the sending out of General Manukau on one occa...
...[14] In considering whether the complex, or individual units within the complex, was intended to have as its principal use occupation as a private residence, it is necessary to look at the history of the development. When the application for resource consent was filed it was for an accommodation complex comprising a combination of visitor accommodation units and residential units. However, the building consent was to erect four levels of apartments over a full basement and car pa...
...70(1)(b) of the Act for the Ministry to deduct any overseas payments that fall within the criteria of that section is consistent with the purpose of the Act, which is to provide financial support to people, taking into account that they use the resources available to them before seeking the financial support available under the Act.5 5 Social Security Act 1964 Section 1A(c). 7 [25] The appellants do not dispute that the Canada O...
...“like for like” manner in Jervoistown, and any such installation would be subject to the provisions of building and drainage standards enforced by the Napier City Council and the Hawkes Bay Regional Council. In his opinion a building permit and resource consent would be required. Having viewed the property, he had concluded that the tank was in good condition, however the effluent soakage trenches were not allowing the effluent to soak into the soil. [17] He further consi...
...repeated correspondence, Mr KF had failed to provide submissions in support of his review application. [17] Three review applications involving Mr KF were scheduled for hearing on the same day. [18] It was considered an efficient use of time resources, and of obvious advantage to Mr KF, if all three matters could be heard on the one day. [19] Mr KF’s response to the disciplinary process followed a familiar pattern with all three review applications filed. Each application fil...
...or say an unlicensed person was responsible for aspects of the professional relationship. [16] The usual point of difficulty is what is controllable. Proper control requires that a professional person maintain effective control over employees and resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. However, the issue in this comp...
...financial position is accurately stated. However, given that I do not consider the monetary orders are affected, it is not a relevant consideration for the Tribunal. The issues would be ones for the Official Assignee if Mr Hakaoro does not have the resources to meet the orders. Costs and expenses [38] Pursuant to section 51(1)(g) the Tribunal may make an order that a adviser pay the costs or expenses of investigation, inquiry, hearing and any related prosecution. [39] This is a somewh...
...inquiry programme. There are a number of strategic and operational initiatives underway and time is required for these initiatives to be developed, implemented, monitored and assessed. Participation in an inquiry would divert organisational focus and resources away from the progressing of substantive initiatives to address Maori overrepresentation and reoffending. 24. Finally the Crown submits that there is no imminent event that will irrevocably affect the ability of the Crown to contin...