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  1. [2017] NZEnvC 022 J Lenihan & Others v Auckland Council [pdf, 314 KB]

    ...Costs [32] I imagine it unlikely that there will be any issue of costs, but as a formality I will reserve costs. If there is to be any application it should be lodged and served within 8 15 working days of the issuing of this decision, and any responses lodged and served within a further 10 working days. ellington the ~'1'flday of February 2017 C J Thompson~ • Environment Judge 9

  2. Edwards - Whakatohea (2018) 181 Waiariki MB 121 (181 WAR 121) [pdf, 247 KB]

    ...the issue relates to the proper construction of the Act and the 1994 order. The words in the relevant sections of the Act are not technical, and expert evidence is not likely to be substantially helpful. 181 Waiariki MB 128 [27] In response to that of the Attorney-General, Ms Sykes filed a further memorandum of counsel on 20 February 2018. Ms Sykes reiterated the submissions contained in her earlier memorandum and submitted that the evidence of the proposed expert, Profes...

  3. Practice Note 5 2018 Final [pdf, 288 KB]

    ...of the identity of victims of sexual offending and victims of family violence. 7. THE PROCESS OF DEPERSONALISATION, ABRIDGEMENT AND PROHIBITION FROM PUBLICATION [7.1] The form in which the research copy of a decision is published is the responsibility of the Tribunal. In particular, responsibility for compliance with section 151 is personal. For this reason, and because the content of decisions is solely a 7 matter for the Tribunal, it does not normally seek the views...

  4. Notes of Crown Maori Relations focus group with Constitutional and Legal experts 20 March 2018 [pdf, 540 KB]

    ...In Crown-Māori engagement we need to be careful not to mix whanaungatanga up with mana and tino rangatiratanga. The Treaty requires respect for these at all times. The Treaty is clear that there are two peoples in a partnership, with roles and responsibilities. We need a system that all are party to, rather than the relationship becoming who you might be related to. • However, tikanga and whanaungatanga are important values for Crown-Māori engagement. • Would like to see the...

  5. 2017 NZSSAA 060 (18 October 2017) [pdf, 114 KB]

    ...no immediate need at that time because, from the appellant’s own advice, he had already spent between $250 to $275 on food in the previous week. [25] The Ministry therefore concluded on 29 September 2016 to decline the food grant. [26] In response to the appellant’s assertion that he did not receive letters from the Ministry dated 20 July and 22 August 2016 telling him that unless he provided current information on his health conditions his benefit would end, the Ministry sa...

  6. MB v PF LCRO 270/2012 (12 December 2016) [pdf, 143 KB]

    ...Ms MB’s approval before sending it to LSA; did not obtain the original investigation file; and prepared a summary that did not submit all the grounds of appeal documents directly related to the charges. [13] The Committee referred to Ms PF’s response, noted that Miss MB had requested a draft, and that she had not provided one in advance of sending her opinion to LSA, that she had not obtained the full file from trial counsel, because trial counsel had already sent that to Miss M...

  7. Kauikia-Stevens v Tume -Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) [pdf, 256 KB]

    ...them. [22] That said, it remains a fact that Ms Kauika-Stevens did not agree with the minutes and was at the very least reluctant to record all aspects of the trustee hui. Whilst this alone is not of itself sufficient to warrant removal some responsibility needs to be taken by Ms Kauika-Stevens for the current dysfunction. A secretary’s role is to record, with judgement and professionalism. It is not to make seemingly unilateral decisions on what might or might not be include...

  8. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

    ...practising well, when practicable (B v B HC Auckland HC4/92, 6 April 1993). Ms Kim’s future in the profession [18] There are a number of important factors arising in Ms Kim’s situation on the facts before the Tribunal. As observed, Ms Kim is responsible for a serious breach of her professional obligations. However: [18.1] The Registrar, who is in a position to have a better picture than the Tribunal has from a single complaint, has treated this complaint as an isolated mat...

  9. BORA Waka Umanga (Māori Corporations) Bill [pdf, 328 KB]

    ...22. Participating in decision-making or holding office as Governor of an organisation of this type requires a high degree of maturity. In particular the position of Governor is one of trust. Setting a threshold based on age is designed to ensure responsible decision-making. The age limit of 18 years is consistent with other similar legislation such as the Companies Act 1993. We also note that, under clause 2 of Schedule 2, a rūnanganui or registered member of a waka umanga can seek a wa...

  10. [2021] NZREADT 20 - Sheldon (5 May 2021) [pdf, 233 KB]

    ...recognition of the fact that he has a previously unblemished record, and that his conduct in marketing the complainants’ property may have involved isolated breaches of the Rules. [29] However, we are satisfied that the appropriate disciplinary response, which takes into account the purposes of the Act and the principles as to penalty set out earlier, is that Mr Sheldon is censured, ordered to pay a fine, and to undergo further training. Orders [30] The Tribunal orders that:...