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1. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...application indicated an intention by him to rehearse the arguments raised in the various court proceedings between 2018 and 2021. Mr MM described this as being potentially “unhelpful, unproductive and [an unnecessary] burden [on] the LCRO’s resources.” [47] Beyond indicating a wish for his review application to “go to hearing”, Mr KP has not identified any particular aspects – relevant to the issue to be considered – which make it necessary for this matter to be deal...

2. LCRO 6/2022 ZED Limited v RK (21 February 2022) [pdf, 194 KB]

   ...whether the fees were fair and reasonable.”13 [54] There is no doubt in my mind that Mr RK is a highly experienced and very competent lawyer in this particular area of judicial review; that is to say, where it intersects with local government and resource management issues. 13 Standards Committee decision (16 December 2021) at [23]. 9 [55] The judgment in this litigation gives indication of litigation that was vigorously contested by both sides. The fact that Mr RK’s a...

3. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Committees where complaints are initially, and usually finally, adjudicated. [86] In my view, s 205 of the Act is intended to arm this Office with the summary ability to bar applications for review that lack merit, in order to focus what are limited resources to cases where there is an arguable case for the review application proceeding further. Abuse of process [87] The meaning and application of “abuse of process” has been widely considered by the courts. Some useful them...

4. Coroner-Windley-Minute-re-next-steps-to-determine-scope-2-Dec-2021.pdf [pdf, 220 KB]

   ...for documents to be translated [28] Some submissions have suggested that the Scope Minute needs to be translated into the nominated languages of Interested Parties before it can be discussed with them. Reference has also been made to translated resources having been promised to Interested Parties. [29] It is not clear to me whether the request is for all documents provided in the inquiry to be translated. If so, my current view is that it will not provide for a workable provisi...

5. Solomon v Otte - Te Awapatiki- B2 & 2B3 (2021) 74 Te Waipounamu MB 125 (74 TWP 125) [pdf, 320 KB]

   ...land is submitted to be problematic as lack of access means that it cannot be effectively utilised. It is further submitted that even if a partition were granted, no evidence has been provided by the applicant as to whether regulatory approval and resource consent for the proposal would be granted. [52] Counsel for the respondent submits that there are alternatives to partition available to the applicant such as an occupation order, a long-term lease, the formation of a Māori reser...

6. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...Committees where complaints are initially, and usually finally, adjudicated. [66] In my view, s 205 of the Act is intended to arm this Office with the summary ability to bar applications for review that lack merit, in order to focus what are limited resources to cases where there is an arguable case for the review application proceeding further. 11 Abuse of process [67] The meaning and application of “abuse of process” has been widely considered by the Courts. Some usef...

7. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...necessary jurisdiction to make such an order.10 Part 9 includes the statutory provisions relating to personal grievances, and the standards applying to a fair and reasonable employer’s actions. Those standards include whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; whether the employer raised the concerns that the employer had with...

8. Sherard v Devereux - Otakanini Church Site (2021) 238 Taitokerau MB 185 (238 TTK 185) [pdf, 275 KB]

   ...Ltd [1999] 1 NZLR 664; and Selkirk v McIntyre [2013] 3 NZLR 265. 23 Moeahu v Winitana – Waiwhetu Pā No 4 (2014) 319 Aotea MB 166 (319 AOT 166) at [26] (footnotes omitted). 238 Taitokerau MB 196 critical of trustees who had used trust resources incorrectly even though they had relied on advice. [44] Mr Bennett identified that Carole Povey, Tracey Hill and Arianna Hart were effectively running the trust over the relevant period. Carol Povey and Tracey Hill received s...

9. FINAL-Summary-of-Consultation-Political-Donations.pdf [pdf, 1.4 MB]

   ...temporary problem which would be fixed over time. Some submitters were concerned that more administrative work may incur additional costs for the parties, may decrease compliance and therefore integrity in reporting. One submitter suggested additional resources should be provided to candidates and parties to help support compliance. Some submitters raised privacy concerns about the disclosure of candidates’ financial positions In relation to the disclosure of candidate loans, some sub...

10. Austen v Far North District Council - Okahu 3B2A and Okahu 3B2B2D (2022) 252 Taitokerau MB 87 (252 TTK 87) [pdf, 284 KB]

    ...ford; and (d) The trustees indemnify FNDC from any further liability for the ford. [3] Some time after the agreement was signed, the trustees say: (a) They discovered that FNDC was required to construct and maintain the ford crossing through resource consent obligations; and (b) This was not disclosed to them prior to signing the ford agreement. [4] In 2020, the trustees sent notice to FNDC to cancel the ford agreement on the grounds of mistake or misrepresentation. FNDC did...