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1. [2018] NZEnvC 241 Albert Road Investments Limited v Auckland Council [pdf, 3.8 MB]

   ...AC submits that it is also relevant that this was the first case to go before the courts interpreting the provisions relating to subdivision in the Future Urban Zone'"' Case conducted in a manner that prolonged the hearing [32] In response to Albert Roads' criticism of the AC's three planning witnesses, AC points out that each of them had a different role and overlap was minimal. It submits that a two day hearing for an appeal of this nature is within the norm...

2. Kani v MacDonald - Waimarama 3A6B6B Inc. (2021) 88 Takitimu MB 148 (88 TKT 148) [pdf, 331 KB]

   ...officer be granted? Ngā kōrero a ngā Kaitono - Applicants’ submissions [28] As foreshadowed, even though shareholders have raised these concerns with the committee over several years, Mr Watson submitted that there have never been satisfactory responses to these allegations. Then on 2 September 2019, counsel confirmed that he wrote to the committee of management advising that an application for an investigation could be filed if responses to satisfactory requests for informati...

3. 18.-Manahi-Paewai-Rangitane-o-tamaki-nui-a-rua.pdf [pdf, 5.5 MB]

   ...(ancestral rights based on the above and whakapapa) 6. It is our world view that the unbroken connection and occupation of our takiwā from discovery through to take tupuna gives us mana whenua. 7. The manifestation of our interests, rights and responsibilities are through our Manawatū Gorge hapū, namely Ngāti Mutuahi and Ngāti Te Koro. These hapū are sub-tribes of our larger hapū namely Ngāti Te Rangiwhaka-ewa and Ngāti Hamua. 8. Our position about the basis of our right...

4. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...defined. The dispute [14] On 19 March 2015 the plaintiff raised an issue with the defendant about the pay, including overtime, for one of its members who was a Shift Supervisor at a KFC restaurant. In answering that query, the defendant’s response was that overtime was payable on the ordinary rate which did not include allowances. [15] That explanation was not acceptable. The plaintiff drew to the defendant’s attention that the sole charge function for which the allowance w...

5. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...cabling and the available fibre. It is, however, less serious than that of the licensee in Li. [55] We have recorded Mrs Parker’s submission that Mr O’Loughlin has no previous disciplinary history. We note his statement to the Committee in response to the complaint, that he started working in real estate in 1996. He has therefore had a lengthy involvement in the industry, without any disciplinary findings against him. We have also recorded Mrs Parker’s submissions as to th...

6. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [pdf, 261 KB]

   ...discussed in more detail later. Submissions on behalf of Mr Mercado [31] There is a memorandum from Mr Mercado’s counsel, Mr Laurent, dated 27 October 2020. Counsel notes that Mr Mercado accepts the Tribunal’s liability finding, reflecting the responsible approach he has taken to the proceedings and the standard of professionalism to which he holds himself. His fault was a concerted failure to appreciate that the strategy he adopted was invalid. [32] Since the complaint,...

7. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...2020. Kōrero whānui – Background [2] Tataraakina C is a block of Māori freehold land that is 14,857.6669 ha in area. The block is managed by the Tataraakina C Trust, an ahu whenua trust with 1,143 listed owners, including Mr Baker. The responsible trustee for the Trust is Clinton Hemana. Mr Hemana was appointed by Judge Harvey in July 2012, along with advisory trustees George Te Otinga Sullivan, Horo Edwards, Ivy Kahukiwa Smith, John Wano and Peter Eden.1 The advisory truste...

8. Dissolution (divorce) application for one person [pdf, 4.6 MB]

   ...dissolving a marriage or civil union. This pack provides general information only and is not meant to provide legal advice. If you have a legal issue, you should contact a lawyer for advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. Court staff can provide you with information about court forms and processes, but they cannot give you legal advice. There is also a glossary of common terms used on the inside back c...

9. [2021] NZEnvC 065 Royal Forest and Bird Protection Society of New Zealand Incorporated v Northland Regional Council [pdf, 576 KB]

   ...the SEA underneath the footprint of mry such reclamation . ... ". 27 Armed with this knowledge, the clear policy direction to avoid adverse effects28 and previous case law29 indicating that non­ complying activity status was appropriate, a responsible party should have reconsidered its planning position; (6) Northport was not merely seeking to detennine the appropriate activity status for reclamation in an SEA 30 , it was seeking to protect its commercial interests by making...

10. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

    ...“remain[ed] impartial” in the family protection proceedings. She claimed comments made by Ms EJ, as executor, in [Ms EJ’s] affidavit filed in those proceedings were “prejudicial to the outcome” sought by Ms PG and her siblings in their claim. Response [17] Following an initial assessment by the Lawyers Complaints Service, Ms PG’s complaint was dealt with through its Early Intervention Process which I refer to later in this decision. Standards Committee decision [1...