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1. E13 Stephen Priestley - Infrastructure and Coastal Processes - EIC - Applicant [pdf, 1.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF STEPHEN JOHN PRIESTLE...

2. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

   ...substantive charge and the alternative charges were founded on the same factual background, set out above. [19] The particulars of each of the charges were that: [a] In breach of s 134 of the Act, Mr Reed: [i] failed to obtain the Whittys’ informed consent to continue acting on the sale when he had a conflict of interest arising out of his decision to purchase the property for himself; [ii] did not obtain that consent in writing in the prescribed form, as required by s 134 a...

3. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...AUTHORITY (CAC20009) First respondent AND PETER THOMPSON, DENNIS LAW, ALEXANDER ELTON AND MAXWELL HOUSE Second respondents MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member BY CONSENT, HEARD ON THE PAPERS DATE OF THIS DECISION 5 May 2014 APPEARANCES The appellant on his own behalf Ms J MacGibbon for the Authority Mr T D Rea for licensees DECISION OF THE TRIBUNAL ON STRIKE-OUT APPLICATION The Issue [1...

4. [2022] NZIACDT 9 NL v Registrar (2 May 2022) [pdf, 193 KB]

   ...would require the client, in clear and express terms, to consent in writing to representation despite the conflict. The nature of the conflict and the fact that it is a conflict should be expressly recorded, so that it is clear what the client is consenting to. [40] The disclosure and written consent could occur in the client agreement itself. The standard conflict clause used by the adviser here paraphrased the Code provisions, which is helpful, but then went on to make the incor...

5. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...respond. An offer was made to meet to hand over further information on 3 August. [15] Police then extended the date for the meeting and handover of documents to 8 August 2016. At the 8 August meeting Police provided access to a number of witness statements taken during Police’s criminal investigation. Police accept that no reason for withholding information was provided at this time. [16] A further tranche of witness statements was released to the plaintiff on 4 October 2016....

6. [2018] NZEnvC 205 Cossens v Queenstown Lakes District Council [pdf, 14 MB]

   ...Environmental Society Incorporated (section 274 party) Date of Decision: 16 October 2018 Date of Issue: 16 October 2018 INTERIM DECISION A: Under section 290 of the Resource Management Act 1991 the Environment Court: (1) declines to grant consent for a four-lot subdivision with three building platforms under the applicant's Option "B"; but (2) subject to Order B, grants consent for a four-lot subdivision with three building platforms under the applicant's Op...

7. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...trial. Conclusion [20] For all these reasons I consider the justice of the case requires that the extension of time sought ought to be granted. [21] The granting of leave is subject to the plaintiff paying the filing fee and filing his statement of claim in the Court within 7 days from the date of this judgment. [22] Once the statement of claim has been filed and endorsed by the Registrar it is immediately to be served on the defendant’s address for service. [23] The de...

8. ENVC Hearing 6Oct14 AC evidence chief John McKensey [pdf, 150 KB]

   ...Notice of Motion under section 87G of the Act requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf (ENV-2013-AKL-000174) STATEMENT OF EVIDENCE OF JOHN KINROSS McKENSEY (LIGHTING) ON BEHALF OF AUCKLAND COUNCIL Dated 10 June 2014 BROOKFIELDS LAWYERS M J Dickey / M C Allan Telephone No. 09 379 9350 Fax No. 09 379 3224 P O...

9. FFNZ - EiC - L Hume - Agricultural Science (5 Feb 2021) [pdf, 135 KB]

   ...under section 149T(2) to decide proposed Plan Change 7 (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant STATEMENT OF EVIDENCE OF DR LIONEL JOHN HUME FOR FEDERATED FARMERS OF NEW ZEALAND INC PLAN CHANGE 7 5 FEBRUARY 2021 Federated Farmers of New Zealand P O Box 5242, Dunedin 9054 Ph: 021 887 537 E...

10. [2024] NZEmpC 148 Jeon v A Labour Inspector [pdf, 217 KB]

    ...submissions. Ms Jeon swore an affidavit dated 20 September 2023, explaining that Mr Jeon and Ms Leem did not sign the trust deed or any other trust documents. She went so far as to say that they were never shown trust documents and that their informed consent to completing the deed was not sought. She also deposed to her children being unaware of, and not involved in, the trust’s affairs. In other words, Mr Jeon and Ms Leem were completely in the dark about the trust and could...