Search Results

1. Cooper v Standards Committee LCRO 280/2013, 281/2013, 324/2013, 325/2013, 34/2014, 118/2014 (17 April 2015) [pdf, 406 KB]

   ...disciplinary matters.27 e. If Mr Cooper’s name is to be published, the public interest would be better protected by that occurring sooner rather than later. f. Referral back would not be an efficient or effective use of the Committee’s resources. Submissions on Fine [58] On behalf of Mr Cooper, Mr OJ submits that Mr Cooper’s ground for review of the $5,000 fines imposed on him is that it was manifestly excessive in all circumstances. The circumstances Mr OJ highlights...

2. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...further action in respect of their complaint concerning the conduct of the respondent, Mr WR. Background [2] Mr and Mrs PQ were the directors and shareholders in a company [Company A]. [3] The company owned land in [district]. [4] In 2008, resource consent was obtained to subdivide the land into four allotments. Each of the allotments was permitted to accommodate a residential building, provided that each allotment retained three hectares of land for horticultural development...

3. Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]

   ...the areas sought for partition. Vet the real point is that the Treaty refers almost exclusively to hapu, not individuals, or whanau or even iwi. In other words, its terms are premised in notions of collective not individual Maori custodianship over resources. That the subsequent history of Maori land dispossession puts paid to those promises (largely through the device individualisation promoted by legis/ation and the predecessor of this Court) does not diminish the fundamental primacy of...

4. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...Morris completed settlement of the purchase on 23 April 2014. [5] Mr and Mrs Morris subsequently approached the Auckland Council, with regard to installing a swimming pool at the property. They were advised they would be required to apply for a resource consent. They then found that some neighbours would raise an objection to such an application, so did not pursue it. [6] In March 2017, Mr and Mrs Morris listed the property for sale with Megan Jaffe Real Estate Ltd (trading...

5. Proactive release - 2020 Cannabis Referendum [pdf, 4.2 MB]

   ...particularly for Māori, Pasifika, ethnic communities, migrants and refugees. 106. As cannabis use increases the risk of mental health and addiction problems, the regulatory model for recreational cannabis needs to sit alongside greater investment in resources for prevention, early intervention, and wrap-around health and treatment services for substance use disorders. Services need to be more widely available and adequately address people’s needs, including culturally appropriate serv...

6. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

   ...a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) 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; and (b) whether the employer raised the concerns that the employer had...

7. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...is a disparity in 3 Taylor v Asteron [2020] NZCA 354 at [109]. the information available to the parties; the insured holds all the information about the claim and has control over which information they provide. While insurers have tools and resources to investigate losses, the system necessarily requires honesty from the claimant. The development of the law of fraud in insurance is an aspect of the duty of utmost good faith, which has developed due to the risk sharing relations...

8. Walters v Wikiriwhi - Oruanui 9 and Others [2021] Maori Appellate Court MB 102 (2021 APPEAL 102) [pdf, 350 KB]

   ...advised the Māori Trustee by email that the Trust had resolved to borrow $380,000.00. On the same day Westpac approved this sum for a term of 5 years. [15] On 4 December 2013, Mr Walters met with David Ranklior to go over the land use and resource consent applications for a shed and the subdivision of the Corrigall block. [16] On 2 December 2013, the trustees resolved to direct the Māori Trustee to complete the purchase of the Corrigall Property with the land to be retained as...

9. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...that it did not:34 The presumption does not arise as a necessary incident of the title obtained in the Maori Land Court unless the circumstances of the investigation indicate that the riparian owner has the riverbed. In the case of major tribal resources and natural features of value to the tribe whether the riparian owner takes title to the riverbed or lakebed requires investigation of the status of the land beyond the boundaries of the title. For these reasons, I consider the H...

10. Elhassan v Webby [2022] NZHRRT 27 [pdf, 313 KB]

    ...and is able to make a conditional order as sought here. He submitted that if the Tribunal did not make this order, there is a real chance he will be left without access to an effective remedy in respect of the $400 bond money as he did not have the resources or expertise to enforce the Disputes Tribunal order, nor did the Office of Human Rights Proceedings have the ability to act for him to enforce that order. [76] The Tribunal refuses to make the order sought by Mr Elhassan in respect...