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1. CAC10057 v Property Bank Realtor Ltd [2015] NZREADT 75 [pdf, 182 KB]

   ...defendant has submitted that this Tribunal should recuse itself from hearing the charge due to its involvement in a related proceeding, Nottingham and Others v REAA and Honey [2014] NZREADT 80 (our Tribunal proceedings), [2015] NZHC 1616 (High Court appeal), (the Honey appeal). 2 [3] The prosecuting Committee submits that the test for recusal is not made out and that we should proceed to hear the charge. The Application for Recusal [4] The defendant’s application that thi...

2. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

   ...decision merges those rights to produce the final outcome of the dispute. This extinguishes the prior rights and bars the parties from re-litigating the outcome.1 10. The reasoning behind the doctrine is that litigation should be final (barring an appeal) and to protect the integrity and efficiency of the justice system. 11. The doctrine prevents a party from bringing a claim once that particular claim has been subjected to a final judgment by a Court or Tribunal of competent juris...

3. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 44 READT 047/17 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MAXWELL VERTONGEN Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 413) First Respondent AND JAMES DUNLOP Second Respondent Hearing: 9 August 2018, at Wellington Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Ms N Dangen, Member...

4. [2018] NZSSAA 034 (18 July 2018) [pdf, 132 KB]

   [2018] NZSSAA 034 Reference No. SSAA 069/17 and SSA 140/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Hearing at Auckland on 16, 17 May 2018 Appearances The appellant in person P Siueva, agent for the Chief Executive DECISION Background [1] XXXX (the app...

5. Judicial appointments information booklet [pdf, 360 KB]

   ...element of the principle of judicial independence is that members of the judiciary should be able to decide matters according to law free of all inappropriate pressures. This constitutional principle is reflected for the Supreme Court, Court of Appeal and High Court Judges in the Constitution Act 1986, and has general application in other laws and conventions. The structure of the courts New Zealand has a hierarchy of courts. The Supreme Court is the highest court, followed b...

6. ENV-2017-AKL-000096 Straits Protection Society Incorporated v Auckland Council [pdf, 166 KB]

   ...ENVIRONMENT COURT ENV-2017-AKL AT AUCKLAND UNDER AND IN THE MATTER BETWEEN AND the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) the Resource Management Act 1991 (RMA) of an appeal under s156(3) LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearing Panel on the proposed Auckland Unitary Plan STRAITS PROTECTION SOCIETY INC Appellant A...

7. [2020] NZSSAA 18 (30 October 2020) [pdf, 189 KB]

   [2020] NZSSAA 18 Reference No. SSA 094/19 IN THE MATTER of the Social Security Act 2018 AND IN THE MATTER of an appeal by XXXX of Whangarei against a decision of the Chief Executive that has been confirmed or varied by a Benefits Review Committee AMENDED DECISION OF THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Background [1] On 8 October 2020 we issued a memorandum giving our indicative view of the decision we would m...

8. Kaufusi v Tangilanu [2014] NZIACDT 70 (19 June 2014) [pdf, 90 KB]

   ...management (clause 3(a) of the Code). [5] The background facts alleged in the complaint were that: [5.1] The complainant’s visa expired on 13 October 2010. [5.2] In November 2010, the complainant met with the adviser and engaged her to submit an appeal against his liability for deportation to the Immigration and Protection Tribunal (IPT). [5.3] The adviser obtained documents relating to his family circumstances, which the complainant understood were to support the appeal. The comp...

9. [2018] NZEnvC 047 Warwick Hansen The Haupouri Partnership v Hastings District Council [pdf, 277 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Decision No [2018] NZEnvC 047 ENV-2015-WLG-000079 of an appeal pursuant to Clause 14 of the First Schedule to the Resource Management Act 1991 WARWICK HANSEN and THE HAUPOURI PARTNERSHIP Appellant HASTINGS DISTRICT COUNCIL Respondent Environment Judge C J Thompson sitting alone under s279 of the Act. Hearing on the papers. FURTHER DECISION ON APPEAL Decision issued: 17 April 2...

10. [2019] NZEnvC 009 Double R Developments Ltd v Western Bay of Plenty District Council [pdf, 3.3 MB]

    IBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC CX)O\ of the Resource Management Act 1991 of an appeal pursuant to s 325 of the Act DOUBLE R DEVELOPMENTS LIMITED (ENV-2018-AKL-047) Appellant WESTERN BAY OF PLENTY DISTRICT COUNCIL Respondent Court: Environment Judge DA Kirkpatrick, sitting alone pursuant to section 279 of the Act Hearing: On the papers Date of Decision: 24 January 2019 Dat...