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1. ENVC Matiatia expert witness planning 2014 [pdf, 700 KB]

   ...Section 2013 Proposed Auckland Unitary Plan Resource Management Act A report on the applications prepared by the Auckland Council 1 Planning Joint Witness Statement I 2 INTRODUCTION 1. This signed joint witness statement is written in response to the Court's Minute dated 4 April 2014 which directed Environment Commissioner facilitated conferencing. This requires that the experts seek to identify and reach agreement with the other expert witness(es) on the issues and m...

2. McIntyre v CAC 20003 & Anor [2014] NZREADT 26 [pdf, 158 KB]

   ...his listed properties have sold; but this case also exposes a modern practical problem regarding internet advertising in terms of the application of Rule 9.15 and s.72 of the Act. [56] Simply put, when a listing comes to an end it is a professional responsibility of the licensee to tidy up and cancel or sever all his advertising in any form. In this case, the licensee has been too slow in cancelling advertising. It is no excuse that he may not have received a formal written instruction...

3. Howell v Jaram - Omaio 43 Section 4 [2015] Māori Appellate Court MB 365 (2015 APPEAL 365) [pdf, 230 KB]

   ...evidence before the Court, because there had been no opportunity for the owners to consider the new site, whether they agreed or disagreed, how it affected the other owners or indeed how it affected the block as a whole. [52] We accept that the responsibility for obtaining evidence of that nature rests with Mr Jaram. However the views of the owners concerning the proposed amendment were an important and relevant consideration. Absent that evidence Judge Fox should have either de...

4. Waitangi Tribunal - Strategic direction 2014 to 2025 [pdf, 16 MB]

   ...13 The Tribunal’s membership 13 A consultative and responsive approach 13 Balancing priorities and setting achievable goals

5. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...an offer of employment as an assistant manager in a restaurant. He engaged Mr Singh to submit a work visa application in February 2012. They entered into a written agreement, which states that there was no service fee but that the complainant was responsible for fees and disbursements, including Immigration New Zealand fees. [5.2] On 21 February 2012, Mr Singh submitted the work visa application. Immigration New Zealand granted it on 27 February 2012 and allowed the complainant to work i...

6. Waitangi Tribunal - 2014 to 2025 strategic direction [pdf, 16 MB]

   ...13 The Tribunal’s membership 13 A consultative and responsive approach 13 Balancing priorities and setting achievable goals

7. Maaka v Parker - Karamu D1B2C2 (2005) 181 Napier MB 1 (181 NA 1) [pdf, 3 MB]

   ...name of one f the advisory trustees. The funds have not been invested and it is not e en clear which financial institution the funds are being held 181 NA 5 in. This demo strates a lack of awareness of the basic obligations imposed on tru ees responsible for funds that belong to others. (g) The trustees h ve agreed to pay themselves meeting fees backdated a number of yea . The trustees have been asked to produce minutes to confirm that th y did indeed hold the meetings for which the...

8. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

   ...trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [11] I adopt the reasoning set out by the Court of Appeal in Rameka v Hall as follows: 10 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of the business of the trust: (c)...

9. Taueki - Horowhenua XIB41 North A3A and 3B1 (2007) 193 Aotea MB 232 (193 AOT 232) [pdf, 4.1 MB]

   ...hectares in area and there is a single owner holding one share, the Hanita Incorporation. The land is subject to a lease in favour ofthe Knights. Procedural history [7] On 24 August 2006 the Deputy Registrar, Ms Green wrote to Mr Alex Tatana in response to a telephone conversation concerning the proposed sale of the land. Ms Green advised that any sale would be governed by section 150B of the Te Ture Whenua Maori Act 1993, which required approval by way of special resolution pas...

10. National Standards Committee 2 v Harker [2020] NZLCDT 27 (31 August 2020) [pdf, 161 KB]

    ...10 a lawyer. Charges involving proven or admitted dishonesty will generally fall within this category. [32] As to penalty, the Committee does not seek an order striking Mr Harker’s name from the roll. It seeks suspension as the primary response. So far as suspension is concerned, while having a punitive effect, its purpose is primarily to advance the public interest. In Daniels v Complaints Committee 2 of the Wellington District Law Society,24 the High Court said: … [T...