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1. LCRO - Costs Orders guidelines [pdf, 256 KB]

   ...made and that the professional body pay those costs. 9. Such an order would be made only where the conduct of the Society can be criticised. In particular, such an order might be made where the application for review is made by the practitioner in response to an adverse finding by a Standards Committee and the application is upheld. However, the mere fact that the Standards Committee’s decision is modified or reversed will not necessarily be grounds for a costs award. 10. Given the obl...

2. Appalasamy v Yap [2014] NZIACDT 63 (05 May 2014) [pdf, 120 KB]

   ...However, on discovering it, rather that explaining to his client, offering a refund of fees and the opportunity to reconsider, he took the view he was entitled to keep the fees. [13] The attitude was unprofessional and sustained right through to his response to the Tribunal’s decision. It is appropriate to condemn the behaviour with a financial penalty that is proportionate to the amount withheld. [14] I am satisfied a penalty to $3,500 is proportionate to the offending and the amount...

3. CN v XN 2015 NZDT 833 (22 September 2015) [pdf, 67 KB]

   ...opportunity to ride him and have any other inspections or tests done over a lengthy period of time. Videos of the rides were sent to CN prior to the sale going through. XN had told CN and AA that once BB left her property he was entirely their responsibility and she would not be held accountable for him because of the difficulty some horses experience in transitioning to a new home and bonding with a new rider. XN’s view is that BB was beyond AA’s ability, has not settled into h...

4. Recusal Guidelines for Judges of the Environment Court [pdf, 20 KB]

   ...instance arise when a file is allocated to a particular Judge for case management and/or ultimate hearing and decision. Judges have a 1 See www.courtsofnz.govt.nz\about-the-judiciary\complaints. responsibility to familiarise themselves with relevant parts of the court file to consider whether any potential recusal issue may arise. 4. In these circumstances a Judge may realise that there is some matter concerning his/her prospective...

5. Decision [2017] NZEnvC 71 (dated 15 May 2017) – Media Application [pdf, 141 KB]

   ...parties were directed to advise by 10 May 2017 if they had any opposition to the application for media coverage. It was made clear that if a party chose not to respond the court would assume there was no opposition. [4] The court did not receive responses from any of the parties. Accordingly, I assume there is no opposition to the application. Guidelines [5] The Environment Court In-Court Media Coverage Guidelines 2011 ("the Guidelines,,)1 apply to all proceedings in this c...

6. [2017] NZEnvC 186 Auckland Council v Gu Huang [pdf, 128 KB]

   ...property; and (c) Inspect services under the driveway, and repair or replace services as required. Complete all works in accordance with the: (d) Tonkin & Taylor Geotechnical Design Report dated 19 September 2017; (e) Tonkin and Taylor Response to comments by KGA Geotechnical dated 18 October 2017; and One week prior to works commencing: (f) Advise Auckland Council and the section 274 Parties the date that works will commence. By 26 January 2018: (g) Provide a Repo...

7. 2021-05-07 TAs & ORC - MOC - Identifying issues relevant to community water supplies [pdf, 160 KB]

   ...phil.page@gallawaycookallan.co.nz mailto:phil.page@gallawaycookallan.co.nz 1 JOINT MEMORANDUM OF COUNSEL INDENTIFYING ISSUES RELEVANT TO COMMUNITY WATER SUPPLIES May it please the Court: 1. This Joint Memorandum of Counsel is filed in response to the direction in the Minute dated 3 May 2021 that the Territorial Authorities (TA’s) and the Regional Council, having conferred, are to file (preferably) a Joint Statement of Issues for determination by Friday 7 May 2021....

8. Waikato-River-Authority.pdf [pdf, 161 KB]

   ...(“the Decisions Version”). 2. The WRA is the statutory body formed under the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, and with additional responsibilities arising under the Nga Wai o Maniapoto (Waipa River) Act 2012. 3. As part of its statutory function, WRA sets the primary direction, through the Vision and Strategy / Te Ture Whaimana o Te Awa o Waikato (“Te Ture Whai...

9. Waikato-River-Authority.pdf [pdf, 161 KB]

   ...(“the Decisions Version”). 2. The WRA is the statutory body formed under the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, and with additional responsibilities arising under the Nga Wai o Maniapoto (Waipa River) Act 2012. 3. As part of its statutory function, WRA sets the primary direction, through the Vision and Strategy / Te Ture Whaimana o Te Awa o Waikato (“Te Ture Whaima...

10. Waikato River Authority.pdf [pdf, 162 KB]

    ...(“the Decisions Version”). 2. The WRA is the statutory body formed under the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010, and with additional responsibilities arising under the Nga Wai o Maniapoto (Waipa River) Act 2012. 3. As part of its statutory function, WRA sets the primary direction, through the Vision and Strategy / Te Ture Whaimana o Te Awa o Waikato (“Te Ture Whai...