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1. E67 Vaughan Smith - Planning - EIC - VHHL [pdf, 1.3 MB]

   ...(but not all) of these amendments. 3.2. I have been provided with a copy of the Environment Court’s minute regarding the structure and content of draft conditions of consent. I accept that refinements will have to be made to the conditions in response to that minute but I understand that this process will be led by the Applicant and the Council. 3.3. I have drafted my comments on the proposed amendments to be largely self- explanatory but in this statement I have provided more e...

2. [2017] NZEmpC 85 Ramkissoon v Commissioner of New Zealand Police [pdf, 668 KB]

   ...a vacancy arose for the position of station sergeant at Opotiki, about 50 kilometres by road east of Whakatane where Mr Ramkissoon lived with his wife. The Opotiki station sergeant was second in charge to the senior sergeant at Opotiki who was responsible for the area’s policing. [34] Mr Ramkissoon applied for this position in February 2009. This was an operational role and a so-called “hard to fill” position. Mr Ramkissoon believed that he was, at least in part, qualified...

3. 2021-02-19 Tom de Pelsemaeker - Reply - Planning (19 Feb 2021) [pdf, 605 KB]

   ...person, my evidence is within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Scope of Rebuttal evidence 4 In my evidence in reply (EiR) I provide a response on a topic basis. The evidence I have responded to is: (a) Evidence in Chief of Sally Dicey for OWRUG dated 5 February 2020; (b) Evidence in Chief of Matthew Aaron Hickey for OWRUG dated 4 February 2020; (c) Evidence in Chie...

4. H Trust v Southern Response Earthquake Services Ltd [2019] CEIT-2019-0011 [pdf, 997 KB]

   ...Solution; (b) the designer has provided the insurer with the information it would submit to the consent authority in support of its proposal; (c) the insurer has closely questioned that designer about that information and received satisfactory responses; (d) the insurer has evaluated the above material and decided that there is a reasonable prospect of a building consent being granted for the Alternative Solution; and (e) the insurer has obtained an assurance from: (i) the man...

5. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   ...I’m going to go forward with this as long as there is a realistic chance of winning, but we need a bit more of a sense of what our case is looking like and how we can potentially win this thing. Your thoughts would be much appreciated. [27] In response, Ms EYR said: We understand that mediation was disappointing for you. You have an arguable case. The Court will look at all the evidence before making a decision. This is why we have advised you to request a s133 report. The s13...

6. Otago Standards Committee v Milne [2013] NZLCDT 18 [pdf, 157 KB]

   ...from whom he had received the monies4. [8] Mr Milne denied5 these particulars, saying that the relevant sections were inapplicable to him because all the monies paid to him were paid to him personally. In those circumstances, he said in his response, the monies were not received or held for and on behalf of any person. [9] In another particular said to support this charge, it was alleged that Mr Milne had dishonestly received monies for purposes which were not authorised by...

7. Rangihuna v The Trustees of the Te Rimu Trust - Te Rimu Trust (2010) 10 Tairawhiti MB 137 (10 TRW 137) [pdf, 123 KB]

   ...Joseph Akuhata-Brown and Trevor Evans. On 14 February 1997 at 46 Ruatoria MB 225 the trustees were replaced and Wahiao Gray was appointed as an independent trustee. [5] On 19 December 1997, the Court appointed Richard Clarke and Richard Coates as responsible trustees for one year in place of Wahiao Gray.1 [6] The Court confirmed the appointment of the two responsible trustees on 16 February 2000. Five advisory trustees were also appointed. Those trustees being Robert Kaa, Wiremu...

8. Homes v ACC [2013] NZACA 2 [pdf, 60 KB]

   ...Sara in 2005 to pursue an interest entitlement, but he knew that the appeal was going to take a bit of finance and he was trying to get a financial base as a fighting fund. [19] Concerning his conversations with Mr Cadenhead, Mr Homes denied, in response to Mr Sara’s question, that Mr Cadehead had explained the legal consequences of withdrawing the appeal; Mr Cadenhead just told him how complex his case was and when he received the withdrawal of appeal form from Mr Cadenhead in an e...

9. Unnikrishnan v Goldsmith [2016] NZIACDT 29 (2 June 2016) [pdf, 177 KB]

   ...I believe that I put a great deal of time and effort into successfully securing the Student Visa…, in the face of the changing instructions and wishes of the applicant. [37] Ms Goldsmith’s clients relied on her advice. It was Ms Goldsmith’s responsibility to provide sound and accurate advice. She failed to do that, and provided wrong advice in circumstances where it ought to have been obvious to her that she failed to understand. Not only did she provide wrong advice on an elementa...

10. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

    ...[9] The Tribunal has upheld the complaint. The evidence supporting the complaint requires that the Tribunal conclude the complaint was justified, including finding Mr Standing was dishonest and that he misappropriated money. The Complaint and the Response The complaint [10] Ms and Mr McLaren wished to migrate to New Zealand from the United Kingdom where they live. They approached Mr Standing to assist; he was a licensed immigration adviser. They met him at a trade fair in the Unite...