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1. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...application as set out in the City Plan's rules. For its part the Council should have requested further information on that issue. If it had, the appellants might have been satisfied, or at least less challenging. So the Council is at least partly responsible for the size of its bill. The applicant were saved in part by the appellant's engineer. 30 [2016] NZEnvC 231. 11 [25] Accordingly on the substantive hearing I consider the costs should be ordered but on a very m...

2. VS v CN 51/2016 LCRO [pdf, 151 KB]

   ...services provided. [22] Mr VS sought to transfer the company’s instructions on settlement to other lawyers so that could proceed according to the terms of the agreement on 29 February 2016. He requested the files from the firm, and the firm’s response was that it would expect payment of the outstanding account before forwarding files. [23] Mr VS contended that he had not received a thorough breakdown of the charges in support of both bills, and made a complaint to the New Zeala...

3. Matchitt v Butler - Matangareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) [pdf, 313 KB]

   ...conflicted trustees must not participate in the decision-making process. [39] Ms Wara further submits that there is no evidence the land can be successfully converted from pine to manuka especially considering the obligations under the Climate Change Response Act 2002 and the acceptance of John Butler that no professional advice has been sought on this matter. [40] In addition, Ms Wara says that there is no evidence of fully informed support from the beneficiaries for the project....

4. [2016] NZSSAA 026 (11 April 2016) [pdf, 50 KB]

   ...(Mrs XXXX) was to be “the main overseer” and the appellant was not permitted to be alone with the baby. A social worker interviewed by a Ministry investigator confirmed that the intention was for XXXX to return to the appellant’s care but that responsibility for XXXX’s safety and care were with his grandparents. [5] The Chief Executive obtained an order for custody of XXXX under s 78 of the Children, Young Persons, and Their Families Act 1989 (CYP&F Act) on 31 May 2011. T...

5. Chung & Anor v Yap [2014] NZIACDT 109 (10 October 2014) [pdf, 193 KB]

   ...standards. Direction to remedy deficiency [45] For the reasons I have expressed, I consider the Tribunal should allow Mr Yap to continue in practice on his own account. If he had not expressed his contrition and indicated that he now understands his responsibilities, the Tribunal would cancel his full licence and allow him to continue in practice only with a provisional licence. If he had intentionally breached the Act, the order would inevitably be for removal from the profession. [4...

6. IH v QU LCRO 93 / 2011 (22 June 2012) [pdf, 104 KB]

   ...IHs as showing “compassion” to the mortgagors rather than “coming down hard” on them as they wanted. Rather than being a personal reaction by Mr QU it reflects the approach that the Courts have taken and provided the IHs with appropriate responses should any of the steps taken by them to exercise their powers as mortgagee be challenged. [34] Mr QU was instructed on 8 October 2009. On Friday 16 October Mr and Mrs IH issued their specific instructions to proceed to provide w...

7. ENV-2016-AKL-000271 Bunnings Limited v Auckland Transport [pdf, 857 KB]

   ...the quantum of land required from properties affected. It is recommended the requiring authority provides additional information about the extent of the designation and confirm the required extent of the designation. Recommendation to Panel NA Response from requiring authority Neutral. Requests mediation and hearing. Reporting officer comment on response Following the pre-hearing meeting in 16 September the Panel has clarified its position on the lapse date issue. It is now appropr...

8. ENV-2016-AKL-000272 J Mawson v Auckland Transport [pdf, 1.1 MB]

   ...the quantum of land required from properties affected. It is recommended the requiring authority provides additional information about the extent of the designation and confirm the required extent of the designation. Recommendation to Panel NA Response from requiring Neutral. Requests mediation and hearing. authority 175 IHP Report to AC_074 Auckland Transport_2016-05-18 Reporting officer comment on Following the pre-hearing meeting in 16 September the response Panel has clari...

9. Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (2016) 143 Taitokerau MB 159 (143 TTK 159) [pdf, 219 KB]

   ...appeal those decisions to the High Court. [7] On 15 December 2014 Justice Mallon issued a judgment declining SSK leave to appeal the Authority’s decisions. 3 SSK argued that the Authority’s decision was erroneous as SSK is not the entity responsible for PAYE. They instead argued that MHK was responsible as they contracted with the shearers and shed hands. MHK agreed. The Commissioner opposed the application for leave on the grounds that the application was without merit a...

10. BORA KiwiSaver Bill [pdf, 414 KB]

    ...the Act (clause 166(1)). Because the purpose of the KiwiSaver scheme is to encourage a long-term savings habit to ensure that people have sufficient funds when they retire we agree that it is important to have effective measures to ensure that those responsible for handling an individual’s savings are doing so in a lawful and responsible manner; • the power to request information from the Commissioner in clause 166 is limited to those situations where the Government Actuary considers...