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1. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...Harvey notes, however, that that stance conflicted with Mr Rudd’s strident opposition at the 2011 general meeting which considered the adoption of a draft trust order. Judge Harvey concluded: 5 To say in 2012 that somehow it was the Court’s responsibility to impose the 2009 draft of a trust order against the wishes of beneficiaries including the subsequent opposition of Mr Rudd appears somewhat contradictory. [27] Judge Harvey concluded that a prescriptive trust order was neces...

2. [2020] NZEnvC 181 BW Offshore Singapore Pte Ltd v Environmental Protection Authority.pdf [pdf, 1.4 MB]

   ...now need to reconsider the disconnection application in the context of the new circumstances, including those relating to the issues concerning the whole Tui Field and irrespective of who owns particular assets. But that does not mean that BWO has responsibility for assets that it does not own. What is in issue is the particular disconnection activities subject to the application under s 162(2) of the Act. [34] This appears to be a reference to a new application for a ruling, given that i...

3. [2021] NZACC 10 - Monk v ACC (12 January 2021) [pdf, 281 KB]

   ...response on 18 September 2020. [13] Mr Tuiqereqere filed a memorandum regarding the relationship between s 30(3) and s 60 of the Act in response to the Court’s directions to do so by Minute dated 23 November 2020. The Court received Mr Monk’s responses to Mr Tuiqereqere’s supplementary submissions and memorandum. Medical Evidence Dr Wojcik’s questionnaire, clinical notes and evidence at review [14] In the medical practitioner questionnaire dated 2 October 2016, Dr Wojcik...

4. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

   ...Clearwater as being militated by unfairness. He described the test as being “whether there is a real risk that persons directly or potentially directly affected by the additional changes proposed in the submission have been denied an effective response to those additional changes in the plan change process”. As for the rationale for this limb, he observed that it would not be “robust, sustainable management of natural resources” to “override the reasonable interests of pe...

5. [2024] NZEnvC 029 New Zealand Motor Caravan Association Inc v Marlborough District Council [pdf, 2.9 MB]

   ...mja1@ NC7915 Date: 1/02/2024 File Name: S:\Mja1\WorkingDrafts\2024\IanSutherland\FreethsRoadMap\FreethsRoadMap\FreethsRoadMap.aprx The accompanying material has been released by Council from its information repositories. Council does not accept any responsibility for the initial and ongoing accuracy to the material. It is the responsibility of the recipient to make such checks as the recipient considers appropriate to ensure accuracy. Services layers are schematic only and actual positions and...

6. National Standards Committee v Young [2017] NZLCDT 41 [pdf, 315 KB]

   ...not a valid application.” [32] The Standards Committee point to the documents drafted by Mr Young in all of these proceedings as “… largely nonsensical and discursive.” [33] To a large degree, Mr Young accepts these criticisms. In his response to the charges he admits many of the particulars pleaded: that his correspondence and his drafting is incoherent and misconceived, deficient, and non-compliant with the Rules. There are also significant passages of irrelevant materia...

7. Wyatt v CAC 10040 & Barefoot & Thompson [2012] NZREADT 22 [pdf, 110 KB]

   ...appellant’s family trust. [2] In dismissing the appellant’s appeal on 23 February 2012, we reserved leave to apply with regard to costs. On 22 March 2012 the second respondent filed 2 submissions seeking costs. The appellant filed response submissions on 29 March 2012, and first respondent on 11 April 2012. [3] Counsel for the second respondent seek the following orders, namely: [a] Scale costs plus disbursements for the period between 28 January 2011 (date o...

8. CAC20005 v McGowan [2015] NZREADT 18 [pdf, 113 KB]

   ...has been to avoid a possible suspension of licence, or striking off. He adds that, in this respect, he has been successful so that he cannot be said to have wasted our time. [8] Mr Brodie also submits that Mr McGowan has promptly faced up to his responsibilities; that his response to the charge includes a comprehensive and frank admission and apology; and that it cannot be said that he has taken an unmeritorious position. [9] Mr Brodie notes that in other similar cases we have eithe...

9. Vikashwarjeet v Devi [2014] NZIACDT 6 (30 January 2014) [pdf, 56 KB]

   ...professional failings. [3] The factual basis for those grounds of complaint was set out in the Registrar’s Statement of Complaint as a less than detailed narrative of the professional engagement. [4] The adviser lodged a Statement of Reply in response to the Statement of Complaint. It appears to accept that an unlicensed person carried out some of the professional work on behalf of the adviser and with her knowledge. [5] The Statement of Complaint refers to various materials filed by...

10. Chief Human Rights Commissioner - Position profile [pdf, 109 KB]

    ...Chief Commissioner The principal functions of the Chief Commissioner include: (a) To chair the Human Rights Commission (b) To ensure that the Commission’s activities are consistent with the strategic direction set by the Commission (c) To be responsible for matters of administration in relation to the Commission (d) To allocate spheres of responsibility among the Commissioners In practice this means: • Chairing monthly meetings of the Commission (monitoring and setting polic...