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...outside of the review period is not fatal to his review application and the application by Mr YL that this Office should therefore decline jurisdiction is declined. 4 Duncan Webb Ethics, Professional Responsibility and the Lawyer (2nd, LexusNexis, 2006) at 158. 5 DATED this 10th day of September 2012 _____________________ O W J Vaughan Legal Complaints Review Officer In accordance with s 213 of the Lawyers an...
...apparent, had little or no experience in such proceedings) and its conduct unnecessarily lengthened the course of the proceedings to a significant degree. Aquastar did not explore the opportunities for compromise and settlement which the Council responsibly proposed to it. [15] In the circumstances and for the foregoing reasons I consider that the amount sought by the Council is reasonable. [16] Aquastar Holdings Limited is ordered to pay the sum of $6,900.00 to Kawerau District...
...for the application for security for costs. [13] Although Mr Noble said he reserved his right to make further submissions as to the reasonableness of the actual costs incurred, more than six weeks have passed since BCL filed its submissions in response and no further submissions have been received from Mr Noble. [14] Accordingly, this judgment resolves both issues, which are as identified by Mr Noble. Court has discretion in fixing costs [15] The Employment Relations Act...
...reasons for the delay, the scheme of the Act relating to public participation , what has occurred in the proceeding in the meantime and what effect introducing new parties might have on the progressing the appeal to reso lution .? The parties' response to the application [12] The respondents support the nine waiver applications. [13] The appellants have advised that they do not oppose the applications for waiverB Discussion [14] The delay is moderate although case managem...
...of leave. It is not unknown for the non-de novo challenge rights contained within s 179 of the Act to trip litigants and their advisors up, particularly as to the potential consequences of electing one sort of hearing or another and the mode of response. The core (narrow) issue is whether the Authority erred in deciding to order permanent non- publication of the defendant’s identifying details. It is desirable that the defendant have an opportunity to support the Authority’s d...
...Oranga Tamariki seeks costs and cannot agree those with Ms Kennedy, it may make application by way of memorandum filed and served within 21 days of the date of this judgment. Ms Kennedy then has 14 days in which to file and serve her memorandum in response, and Oranga Tamariki has seven days thereafter to file and serve any memorandum in reply. Any such application for costs would then be dealt with on the papers. J C Holden Judge Judgment dated 2.3...
...resource consent to replace an existing deemed permit or water permit that expires before 31 December 2025 either as a controlled activity or, where they cannot meet the controlled activity conditions, as a non-complying activity. (I note that in response to submitter comments and concerns raised by experts on behalf of submitters I have recommended a third pathway, where applicants who cannot meet some of the entry conditions of the controlled activity rule, can apply for a short...
...$12,428. Air New Zealand also claimed for 1.25 days for presenting its case at the hearing. The total claim comes to $44,628.50. [7] Ms Rachelle is opposed to any costs orders being made. The grounds of her opposition are unclear. In response to Air New Zealand’s claim she filed a memorandum purporting to be a reply, but its content was a copy of her submissions to the Court of Appeal in support of an unsuccessful application for leave to appeal.4 She has taken no furth...
...drawings • February 1994-February 1995: the house was constructed with the Council carrying out inspections • Apex contracted Famkanco to provide labour-only building work. Famkanco was not in control of the site nor did it have any supervisory responsibilities for the sub- trades. Instead Apex had a project manager on site who checked off work being done by contractors on site on a daily basis • 22 November 1994: Mr Adams, a director of Marwil Investments Ltd, entered into an...
...under the Unitary Plan decisions made by the Council. [11] They submitted that they do not wish to be caught up in litigation over which areas of land potentially affecting Long Bay - Okura Marine Reserve can be developed and to what extent. Responses by WDLP and the appel/ant [12] Both WDLP and the appellant responded to the Society's and Forest and Bird's submissions. [13] WDLP submitted that the purpose of the current waiver application is to join these proceeding...