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1. Kaufusi v Tangilanu [2014] NZIACDT 70 (19 June 2014) [pdf, 90 KB]

   ...The complainant says the adviser entered an agreement to make a request under section 61, and accepted a bank cheque as the filing fee for an appeal. [14] The Statement of Complaint put the adviser on notice of the complaint; she has not provided a response or any material to establish she carried out her professional duties. The complaint is unanswered, and the written record is consistent with the complaint. [15] I am satisfied the adviser failed to provide advice of the available opt...

2. ENV-2016-AKL-000xxx North Eastern Investments Limited Heritage Land Limited v Auckland Council [pdf, 138 KB]

   ...evidence and legal submissions referred to the layer as a non-statutory layer to be used for information purposes only. 17. The IHP made the following recommendations: 1 AC 19 December 2014 response to AUPIHP memo, section 5F, Page 4, paras [2]-[3]. http://www.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstrategies/unitaryplan/Pages/modifications.aspx http://www.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstra...

3. Martin - Whangaroa Ngaiotonga Trust (2008) 127 Whangarei MB 144 (127 WH 144) [pdf, 1.5 MB]

   ...muddled. The Ngati Wai Ki Whangaruru Whenua Topu Trust, as a beneficial owner in the land, can also vote, but that does not give the beneficiaries of that tmst the right to vote. FlIlthermore, as I explained at the sitting in July, the tmstees are not responsible for completing successions to deceased owners. They can encourage whanau to do so, but ultimately the decision lies with those entitled to succeed to the interests. The tmstees must ensure that when a resolution is put to the...

4. Notes from Crown Maori Relations hui Christchurch 15 April 2018 [pdf, 412 KB]

   ...no sewerage service at Tuahiwi). The lack of reciprocity in the relationship is also reflected in a lack of decision-making over resources/result of economic contribution. And the contrast between the significant contributions to the emergency response at Kaikoura compared to the lack of Ngāi Tahu inclusion in decision-making afterwards. Ngāi Tahu/mana whenua need devolution and control over reserved lands – there are currently too many limits on aspirations, including nature of...

5. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...grant of legal aid fully utilised. As recorded in our decision of 5 July, in the course of doing so, Ms Sisson misled and confabulated to whatever extent was required to achieve her ends. We recorded in our decision how she had failed to take responsibility for her actions and instead sought to blame or attack the conduct of others in the course of the defended hearing. [10] At the penalty hearing Ms Sisson stated that she accepted the findings of misconduct but submitted that t...

6. LCRO 16/2018 AD v LN [pdf, 98 KB]

   ...parties will sign the documents as referred to in paragraph (4). 6. If the Respondent is unable to obtain finance the parties agree to the property being listed with two real estate agents… 7. The party who purchases the other’s share shall be responsible for discharge of the [Bank] mortgage and transfer of the property and associated costs. … [4] Mr AD says he never intended the family home would be sold to a third party without the process that begins at clause 6 of the or...

7. 2017 NZSSAA 055 (9 October 2017) [pdf, 100 KB]

   ...provides that, if a reapplication form is received within 20 days of expiry of the benefit and the benefit is granted, it can be backdated. However as Mr XXXX reapplied outside of the 20 day period, there was no provision for backdating. [18] In response to Mr XXXX’s comment about the failure of the Ministry to provide its records of telephone conversations, Ms Katona said that telephone records are kept for six months only. After that time it is not possible to access them....

8. CAC 404 v Kumandan [2018] NZREADT 1 [pdf, 176 KB]

   ...application for his appeal against the Committee’s decision to lay charges at a separate hearing is dismissed. [27] CAC 413 is directed to file amended charges within ten working days of the date of this Ruling. Mr Kumandan must provide a written response to the amended charges within a further ten working days. [28] The Case Manager will arrange a Directions Conference in order for the charges to be set down for hearing, and directions made as to the filing of statements of e...

9. Rainey - Taimaro 2B (2016) 143 Taitokerau MB 171 (143 TTK 171) [pdf, 178 KB]

   ...the substantive application until the New Year. As such, on 16 December 2016, I directed Ms Rainey to personally serve a copy of the application and supporting material on Ms Martin. I also directed that Ms Martin was to file any submissions in response by 5:00pm Tuesday 20 December 2016, after which, I would make a determination on the papers as to whether an interim injunction should be granted pending the determination of the substantive application. [5] Ms Rainey served the pr...

10. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

    ...significant damage to the financial system and harm to individual investors that could result from the failure of a deposit taker, we agree that it is important to have effective monitoring measures to ensure that deposit takers are acting in a lawful and responsible manner; • a deposit taker is not required to provide any information or produce any document that would be privileged in a court of law, or result in a breach of an obligation of secrecy or non-disclosure under an enactmen...