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1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. [2021] NZACC 90 - Goh v ACC (24 June 2021) [pdf, 172 KB]

   ...not challenged Judge Sinclair’s finding that the appeal was an abuse of process. Even if the other matters raise a question of law, it is submitted, the appeal would be moot and it cannot be in the public interest to use the Court’s time and resources to hear it. [35] Accordingly, it is submitted that the application for leave to appeal should be dismissed. Applicant’s submissions in reply [36] In reply to ACC’s submissions, Mr Goh repeats her submission that as Judge Sincl...

7. Parenting Through Separation Operating Guidelines 1 July 2018 [pdf, 286 KB]

   ...accreditation standard. The accreditation standard ensures providers have the capacity and capability to deliver quality services. Providers must maintain their approval level throughout the term of their Outcome Agreement. Information and PTS resources For a list of PTS providers, downloadable factsheets and video content, go to the Ministry’s website at: https://www.justice.govt.nz/family/care-of-children/parenting-through-separation/ To order a PTS presenter kit, providers...

8. Title Improvement.pdf [pdf, 357 KB]

   ...access to the rest of the land • the lie of the land – the area to be partitioned should not take the entire flat or most useable area of the land. FULL PARTITION Full partition requires the consent of the district council under the Resource Management Act 1991 (RMA). If consent is given, the council may require a reserve contribution6, whereby a part of the land is given to the council. Sometimes money is contributed instead. A reserve contribution may include: • the st...

9. MOJ0217.5E_SEP22_WEB.pdf [pdf, 121 KB]

   ...access to the rest of the land • the lie of the land – the area to be partitioned should not take the entire flat or most useable area of the land. FULL PARTITION Full partition requires the consent of the district council under the Resource Management Act 1991 (RMA). If consent is given, the council may require a reserve contribution6, whereby a part of the land is given to the council. Sometimes money is contributed instead. A reserve contribution may include: • the st...

10. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

    ...they failed to carry out any due diligence, and this has resulted in loss. [46] Mr Watson relies on a number of documents developed during his tenure on the CoM, including an analysis of land use options, which included financial modelling, land resource reports, and a market valuation into the lessee’s interest in the tree crop. These reports are consistent with the 2018 Strategic Vision, and a One Year Plan, which set out the direction of the previous Committee of Management. He...