15758 items matching your search terms
Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Memorandum on behalf of Waiheke Marinas Ltd Dated 22 April 2015 Richard Brabant/Jeremy Brabant Barr
...instances where for one reason or another a party to complaint may have been unable to make an application within the required period or where the applicant has suffered through the delay of a third party (such as the postal system). However the responsibility for making a timely application rests with the applicant and an out of time application is fatal to the review. [8] I am reinforced in this conclusion by the fact that similar conclusions have been reached in other jurisdicti...
...reasonable (whether or not the decision of the Standards Committee is modified or reversed) and the parties have acted appropriately, parties will generally be expected to bear the costs they incur in being a party to the review. [11] Mr YB has responsibly abandoned his application for costs following comments made at the review hearing. Mr ZA has not surprisingly endorsed that approach. However, I do not consider that Mr ZA has acted appropriately in applying for this review and r...
...first offer included a request that the claimants contribute $50,000 and in a later fax no contribution was sought. There was also a cash offer of $300,000. In the substantive determination the Olssons were held liable for $310,888. In response the claimants stated that they were right to turn down the settlement offer as they did not want the respondent or their contractors working on the house again. Decision Application by Holland Beckett The Tribunal ordered costs in fav...
...significant number of issues still in dispute by the time of the hearing. The Council submits that it was unlikely that a second mediation would have resulted in settlement as there was, and still remains, a direct conflict in the evidence as to the responsibility of the various respondents. I am inclined to agree with Mr Robertson on this issue. There are still significant issues in dispute and this has resulted in three different parties filing appeals against the determinati...
...of support. [14] He has expressed confidence in the current programme he is working in with the Ministry, and the officer in the Ministry he works with. The value of that programme and the obvious dedication of the officer and her empathetic response to Mr XXXX’s needs are plainly making a significant and positive difference for him. [15] With this support, Mr XXXX has made significant progress towards developing the resilience and skills to achieve financial independence. We...
...Hau argues he is doing so without the consent of all owners. In his substantive application, Mr Hau seeks a permanent injunction requiring Mr Ruddell to vacate the land. He also seeks damages for use of, and injury caused to, the land. [5] In response, Mr Ruddell argues he has farmed the land since 2002. Mr Ruddell has filed four lease agreements which he says were entered into with various owners to farm the land over this period. The latest lease is dated 20 October 2016. It...
...reasonably incurred. • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. I acknowledge that: • If this case is subject to a user charge, the total approved payment may be reduced by the amount of the user charge where the total approved is more than the user charge. Signature of l...
...that: (a) he was unjustifiably dismissed and disadvantaged; (b) he was underpaid; (c) that Impulse had breached its obligations in relation to his annual holidays and public holidays; and (d) penalties should be imposed. 3 [4] Impulse’s response, aside from disputing that it was in breach of any duty owed to Mr Smith, was that he had abandoned his employment. As an alternative, it submitted that it was justified in dismissing him: (a) for leaving work to attend a course...
...misleading, but not dishonest behaviour. It would not be possible to make that finding if matters had gone beyond prevarication and self-deception. [11] As I have indicated, an important issue in this complaint is the adviser’s willingness to accept responsibility for his professional lapses. Each of the grounds of complaint is the sort of lapse that can occur when an inexperienced person embarks upon professional practice without the benefit of first gaining experience as an em...